Consumer complaint received 2023-10-12
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)

On XX/XX/2023 I went in to XXXX XXXX XXXX XXXX in XXXX XXXX XXXX. I purchased XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, a XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. When I got home, I tried to connect the XXXX XXXX and they did not work. I also tried to attach the XXXX XXXX XXXX XXXX XXXX Attachment to my XXXX XXXX XXXX XXXX  and the attachment would not work. 

On XX/XX/2023, I brought all the items back to the store on and attempted to return the items. XXXX XXXX XXXX XXXXXXXX stated that all sales were final. I informed them that California Law requires that if all sales were in fact final, they must post a sign visible to the general public at the time of purchase and must print such statement on the receipt. I then informed them that there were no signs posted in the store, at the time of purchase, stating all sales were final and showed them that THERE IS NOTHING PRINTED ON MY RECEIPT STATING THAT ALL SALES WERE FINAL IN FACT THE EMAILED RECEIPT STATES EASY RETURN UP TO 90 DAYS WITH A RECEIPT. ( See Attached Scan of the Receipt on page 16 of this document ). 

On XX/XX/2023 I filed the initial dispute with American Express. 
On or about XX/XX/2023 XXXX XXXX XXXX XXXX responded to the dispute filed with American Express and their initial response to American Express was that I had 90 days to return the merchandise for a full refund. ( See Attached Letter from American Express staring on page 4 of this document ) On XX/XX/2023, upon receiving the letter from American Express, I immediately went back to XXXX XXXX XXXX XXXX and attempted to return the items once again. I showed XXXX XXXX XXXX XXXX the letter from American Express and they did not care. XXXX XXXX XXXX XXXXXXXX in XXXX XXXX, CA once again stated that all sales were final. I once again showed them the response letter from XXXX XXXX XXXX XXXX to American Express and informed them that there were no signs posted in the store, at the time of purchase, stating all sales were final and showed them that THERE IS NOTHING PRINTED ON MY RECEIPT STATING THAT ALL SALES WERE FINAL. PLEASE SEE ENCLOSED SCREEN SHOT OF THE ORIGINAL RETURN POLICY ( PAGE 20 OF THIS DOCUMENT ) AND THE REVISED RETURN POLICY ( PAGE 24 OF THIS DOCUMENT ) WHICH STATES AS OF XX/XX/2023, CUSTOMERS CAN NO LONGER RETURN OR EXCHANGE MERCHANDISE. ALL ITEMS PURCHASED DURING OUR ONGOING STORE CLOSING SALES ARE AS IS AND FINAL SALE. 
On or about XX/XX/2023, I contacted American Express and informed them of the XXXX refusal to take back the damaged merchandise. American Express continued the dispute. ( See Attached Letter from American Express ) On XX/XX/2023, American Express sent a letter to me stating that the dispute was closed in favor of the merchant because the merchant stated that All Sales are Final. ( See Attached Letter from American Express ). The merchant can not have it both ways, by stating initially that I can return the items, which I attempted to do on or about XX/XX/2023, and then change their position to All Sales are Final. This is a clear contradiction from their initial response to the dispute. In Fact, XXXX XXXX XXXX XXXX website stated that AS OF XX/XX/2023, CUSTOMERS CAN NO LONGER RETURN OR EXCHANGE MERCHANDISE. ALL ITEMS PURCHASED DURING OUR ONGOING STORE CLOSING SALES ARE AS IS AND FINAL SALE. MY PURCHASE WAS PRIOR TO XX/XX/2023. 

I was told on XX/XX/2023, by a dispute representative at American Express that XX/XX/2023, was the only response issued by XXXX XXXX XXXX XXXX. This means that American Express ONLY submitted the dispute to the merchant bank at the beginning of XX/XX/2023 and has refused to resubmit the dispute to the XXXX XXXX  after XXXX XXXX XXXX XXXX responded on XX/XX/XXXX stating that if I was not happy with the merchandise, I could return the merchandise to any XXXX XXXX XXXX XXXX. When I escalated the dispute after XXXX XXXX XXXX XXXX refused to accept the return, American Express and American Express ONLY issued me a letter stating that as of XX/XX/2023, XXXX XXXX XXXX XXXX is not accepting returns. THIS STATEMENT CONTRADICTS THE RETURN POLICY THAT WAS POSTED ON THE XXXX XXXX XXXX XXXX  WEBSITES AS OF XX/XX/2023 ( SEE ENCLOSED SCAN ON PAGE XXXX OF THIS DOCUMENT ) AND THE REVISED RETURN POLICY THAT WAS POSTED ON XXXX XXXX XXXX XXXX WEBSITE ON XX/XX/2023 ( SEE ENCLOSED SCAN ON PAGE XXXX OF THIS DOCUEMNT ) This means American Express is violating not only the terms and conditions of the credit card agreement but also failing to fulfill its fiduciary responsibility of correctly submitting the dispute to the merchants ' bank. This is a violation of the Consumer Finance Protection Bureaus Rules. 

On XX/XX/2023, I once again reopened the dispute because I believe that American Express is not looking at the facts in this dispute and is merely going off a computer-generated response. Obviously, American Express did not resubmit this matter to the XXXX XXXX  because if they did, a response would not have been issued so quickly. Clearly, someone needs to look at the big picture here and see that XXXX XXXX XXXX XXXX  stated that I was within my rights to return the merchandise based off their XX/XX/2023 response, but when I attempted to return the merchandise on or about XX/XX/2023 the return was refused. Therefore, I should have every right to dispute the transaction and have the dispute ruled in my favor because the merchant responded initially by stating that the return policy was in affect at the time of the purchase, as spelled out in their response letter. 

Please look carefully at the enclosed letters from American Express, as it is now apparent to me that American Express is refusing to resubmit the dispute to the XXXX XXXX, which means they are trying to get out of their fiduciary responsibilities. The XXXX spelled out in the initial letter that if I was unhappy with the merchandise, I could return the merchandise to XXXX XXXX XXXX XXXX. THIS IS ALSO CONFIRMED IN THE ENCLOSED SCREEN SHOT OF THE RETURN POLICY THAT WAS SCANNED ON XX/XX/2023 ( SEE PAGE 20 OF THIS DOCUMENT ) AND PRINTED ON THE E-MAILED RECEIPT ( SEE PAGE 16 OF THIS DOCUMENT ). As American Express knows, the response letter from XXXX XXXX XXXX XXXX was sent on XX/XX/2023, as their initial response letter to AMEX. However, once their store refused, and changed its position to All Sales are Final, when no signs were posted at the time of purchase and no such statement appeared on the printed receipt, I asked American Express to step in and further assist. However, American Express is now going off a system-generated letter from American Express XXXXnstead of complying with the terms and conditions. American Express is refusing to resubmit the dispute to the XXXX XXXX  and just denying the dispute, which is violating my dispute rights. 
Both American Express and the merchant can not have it both ways by stating that I can return the merchandise ( AS STATED IN THEIR RESPONSE LETTER ON PAGE 4 OF THIS DOCUMENT, ON THE EMAILED RECEIPT ON PAGE 16 OF THIS DOCUMENT AND POSTED ON THEIR WEBSITE ON PAGE 20 OF THIS DOCUEMNT ), and then once their store refuses, state that all sales are final when there is nothing printed on my receipt, nothing was posted in the store at the time of purchase, and the initial response letter from XXXX XXXX XXXX XXXX to American Express stated that I may return the merchandise for a full refund. I dont care how American Express handles the reimbursement matter, but I am not only entitled to a full and complete refund but I am entitled to an apology because American Express has violated my rights to a proper and lawful dispute.