Consumer complaint received 2024-10-11
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: AMERICAN EXPRESS COMPANY (CA)

Following initial messaging on XX/XX/XXXX through online marketplace XXXX with seller identified as XXXX XXXX in XXXX, Illinois, on XX/XX/XXXX I purchased an XXXX XXXX XXXX XXXX XXXX XXXX for {$750.00} + {$7.00} shipping + {$67.00} tax = {$820.00} total by American Express charge. Despite XXXX faulty system shipping to my former address in XXXX XXXX XXXX, I eventually received delivery of USPS Priority Mail # XXXX on XX/XX/XXXX. The USPS Priority Mail label indicated only a ship date XX/XX/XXXX from XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. 

Even as a former XXXX computer tech myself I was completely taken in by both the retail box and even more convincing device itself at first glance. Not only were the box and XXXX  printed material replicated right down to a valid verifiable serial number XXXX indicating warranty coverage through XX/XX/XXXX, but rather than a XXXX  brick even the phone appeared to turn on, if not function despite the sellers false claim the phone was XXXX unlocked open to use with any cellular carrier. Other anomalies became apparent over a few hours, including a screen stating warranty expiration XX/XX/XXXX rather than XXXX  official XXXX date, the presence of several apps not affiliated with XXXX  ( XXXX XXXX, XXXX, XXXX, XXXX, XXXX XXXX ), the failure to attach magnetically to XXXX  wireless charger or to charge wirelessly at all, the non-functioning Ring/Silent switch, and most of all the repeated failure to factory reset by several attempts to Erase All Content and Settings which even XXXX  phone support agent was at a loss to understand. 

Only when I finally took the box and phone to the nearby XXXX XXXX XXXX XXXX XXXX did a knowledgeable staffer immediately pronounce the device counterfeit with XXXX look, pointing out both the XXXX XXXX and front camera were not XXXX components XXXX Checking the supposed serial number on XXXX  database, another staffer confirmed it was lifted from a valid phone and most significantly found another recent record from XXXX when the seller had apparently also taken the device to another XXXX store and was duly informed it was not manufactured by XXXX but powered on by just a base Android system with XXXX XXXX skin, app icons, and screens overlaid, which also explained the other random non-XXXX  apps. In other words, this seller not only knowingly and deliberately sold me counterfeit product, I noticed and reported to XXXX  that he actually posted a second identical listing which must be assumed to be as fake. At my request I was provided an XXXX XXXX XXXX XXXX XXXX XXXX document with XXXX XXXX detail, Evaluated device in store and confirmed it was counterfeit and not a genuine XXXX product. 

Within an hour that same night XXXX XXXX XXXX Sheriffs Department XXXX XXXX XXXX # XXXX came to my residence to see the box and device before filing police report # XXXX, classified as theft by false pretense which I thought to be thorough for the record even though I fully expect the Postal Inspection Service to have jurisdiction for investigation of mail fraud based on the actual transport of counterfeit goods by USPS Priority Mail XXXX In addition I had American Express open chargeback Dispute XXXX. But though I was issued temporary credit as I was preparing the Postal Inspection Service Mail Fraud report, XXXX  repeatedly sent emails over several days stating a completely irrational, if not illegal, company policy requiring return of any disputed item to the seller within seven days in order to obtain a refund. I repeatedly refused in turn for the obvious reason the item is unquestionably now criminal evidence which I expect to submit to the Inspection Service for any eventual prosecution. And retaining such evidence is exactly what I was instructed by phone by a Postal Inspection Service agent who told me an assigned inspector would direct its disposition. 
Yet on XX/XX/XXXX, American Express inexplicably denied the dispute claim with absolutely no regard or reference to all the extensive documentation, evidence, and most significantly USPS instruction that should have nullified any likely illegal XXXX  return policy terms that not only actively facilitate criminal fraud but effectively impede any and all official criminal investigations. I was at least able to prevail upon a more rational American Express supervisor to reopen the dispute while I continued to submit additional documentation of the police report and XXXX more federal and state law enforcement complaints which I have now submitted upon direct referral of the Federal Bureau of Investigation to the Internet Crime Complaint Center, the XXXX XXXX XXXX XXXX XXXX XXXX, the Federal Trade Commission, and the Consumer Financial Protection Bureau as well as the California Attorney Generals Cybercrime Section. But I am increasingly dismayed and astonished to find I may actually feel compelled to bring suit against both XXXX  and American Express if the latter ultimately fails to enforce the legitimate chargeback should I stand to lose {$820.00}. 

I have observed, compiled, and retained extensive screenshot documentation of XXXX rampant conspicuous fraud and scam listings throughout the site which I have reported for years. To the extent my many reports have gone ignored often as not, I can only conclude that the company has actively condoned criminal behavior all along with no regard for its legitimate customers, not to mention its extremely dubious Purchase Protection Policy. Between this considerable history and what I deem this companys latest effort to impede an ongoing criminal investigation, in addition to the Postal Service case which I have been informed has been filed in their system, because of the escalation in counterfeit goods I have accordingly requested the FTC, IC3, IPRC, CFPB, U.S. Postal Inspection Service, and California Attorney Generals office all conduct a thorough and proper investigation of XXXX willfully negligent and demonstrably harmful business practices beyond the infringing device in the immediate case and, if necessary, American Express negligent mishandling and potential legal violations in peremptorily dismissing this dispute initially. Needless to say I am prepared to furnish extensive documentation, including screenshots of all messaging, receipts, and emails, photographs, police report and XXXX XXXX XXXX Authorization as cited above, as well as the counterfeit device itself to whatever law enforcement agency or authority may supplement or supercede the U.S. Postal Inspection Service.