Consumer complaint received 2024-02-03
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 (CO)

On XX/XX/XXXX, I submitted a credit card dispute to American Express ( " AmEx '' ) for a veterinary service charge on XX/XX/XXXX at XXXX  XXXX XXXX XXXX ( " XXXX '' ), totaling {$960.00}. 

I disputed the AmEx charge for XXXX 's failure to provide me with all critical information regarding the high risk of death and " guarded '' prognosis, despite undergoing almost {$1000.00} in medical treatment for my XXXX  XXXX. I also disputed the AmEx charge for XXXX 's failure to obtain my informed consent before proceeding forward with services. 

The following are the facts related to the disputed charge and ongoing dispute : On XX/XX/XXXX, I went to XXXX for a vet appointment to treat a XXXX XXXX XXXX XXXX XXXX, but she was alert and oriented. Before undergoing the proposed treatment plan, the XXXX vet did not tell me that the severity of my pet 's health condition was associated with a high probability of death or the guarded prognosis despite treatment totaling almost {$1000.00}. I only found out about the high chance of death despite treatment on XX/XX/XXXX when my pet passed away at vet ER during the morning of XX/XX/XXXX less than 48 hours after the initial vet visit. 

During the XX/XX/XXXX appointment, XXXX gave me a document outlining the proposed treatment, stating that I was aware of the risks involved. XXXX  personnel advised me that I must sign the document to proceed forward with the treatment plan and did not provide me a copy of this document on XX/XX/XXXX. I also did not obtain a copy of the discharge report until XXXX emailed them to me on XX/XX/XXXX, the day after I left XXXX. The discharge report states for the first time that my pet 's health condition was " guarded ''. There was also no indication in the discharge report that my pet had a high chance of death despite the proposed plan of medical treatment. 

On XX/XX/XXXX at approximately XXXX XXXX  MST, my pet passed away in my arms less than five minutes after arriving to the vet ER. No clinic personnel returned seven calls I made that day, voice message, or texts regarding my pet 's passing, and only answered my call on XX/XX/XXXX, when I called on another phone number at approximately XXXX XXXX  MST. 

On XX/XX/XXXX, I spoke to my pet 's treating vet on a recorded phone call, where she told me that she wasn't shocked by my pet 's passing and told me for the first time that " abrupt passing happens all the time with a XXXX like this and can die no matter what you do. '' My vet also told me for the first time that guarded prognosis meant that there was a 50/50 possibility as to death or getting her better again and told me that she could have done a better job of preparing me for the possibility of death. Also on XX/XX/XXXX and as follow-up on XX/XX/XXXX, I emailed my request to XXXX for a full copy of my pet 's medical file, which is required by law. 

On XX/XX/XXXX, I spoke with a XXXX clinic owner, XXXX XXXX on a recorded phone call, who refused to refund any payment that I paid for on XX/XX/XXXX. When I requested XXXX XXXX for her to consider a reasonable payment amount based on my pet 's death, she refused and told me that further communications were " unnecessary ''. After I spoke with XXXX XXXX, I immediately filed a dispute with AmEx for the full charged amount and supporting documentation. 

Despite XXXX XXXX 's statement that further communications regarding vet services were " unnecessary '', she attempted to call me three separate times on my cell phone, on XX/XX/XXXX and XX/XX/XXXX, using a restricted phone number. I did not consent to further communications following my call with XXXX XXXX on XX/XX/XXXX, and I did not pick up any of the calls where she left voice messages that she was going to attempt calling me back for unspecified reasons. 

On XX/XX/XXXX, XXXX sent me an email that attached an incomplete copy of my deceased pet 's medical records, which did not include the signed document with the proposed treatment plan from XX/XX/XXXX. The XXXX email also included an attached correspondence, stating that it was terminating vet services for my deceased pet. On XX/XX/XXXX, I emailed XXXX in response and advised them to cease contact based on unprofessional and unethical services XXXX provided. 

On XX/XX/XXXX, over 30 days after I opened the AmEx dispute, XXXX sent AmEx the signed document from XX/XX/XXXX that outlined the proposed treatment plan. That same day, AmEx resubmitted the {$960.00} vet charge to my account based on this signed document that was never provided to me by XXXX. XXXX violated its statutory obligation to provide me with document which was a part of my pet 's medical file, and for which I requested a full copy of via email on XX/XX/XXXX and XX/XX/XXXX. I immediately reopened the dispute on XX/XX/XXXX and sent a transcription of my recorded conversations with the vet and XXXX  clinic owner, where the vet admitted that she did not tell me all risks despite undergoing treatment and still have those recording and all documentation and communications regarding the vet visit in my possession. 

On XX/XX/XXXX, AmEx again reapplied the XX/XX/XXXX vet charge of {$960.00} on my account and then explained that the dispute involved a tort claim and not the vet services involved. Immediately after AmEx reapplied the charge, I again reopened the dispute under the dispute code for dissatisfaction in services because XXXX failed to fulfill its legal and ethical obligations in advising me of all risks involved before undergoing treatment and the guarded prognosis on XX/XX/XXXX. In addition, on XX/XX/XXXX, XXXX XXXX told me during the recorded call that I spoke with a XXXX  receptionist named XXXX XXXXhe morning of XX/XX/XXXX following my pet 's death and sent a sympathy card, which I denied. XXXX XXXX informed me that all XXXX calls are recorded and I requested a copy of the purported recorded call that I had with the XXXX receptionist, XXXX, and a copy of the sympathy card, which XXXX has failed to respond to. XXXX also failed to comply with its legal obligations by failing to provide me with a full copy of my deceased pet 's medical records. 

On XX/XX/XXXX, AmEx dispute manager, XXXX, called me to discuss this dispute. XXXX informed me that the reopened dispute claim will again be denied because the matter is a tort. However, I stated that the disputed matter must be reversed for multiple valid reasons, including dissatisfaction of services for XXXX 's multiple legal and ethical violations for vet services rendered. I also told XXXX that it was unjustified for AmEx to reapply the charge based on a signed two page document submitted by XXXX less than 24 hours after AmEx reached its determination and over 30 days after I filed the initial dispute. For all of the foregoing reasons, I am seeking a full refund of the XXXX XX/XX/XXXX charge of {$960.00}.