Consumer complaint received 2018-04-19
Product: Credit card or prepaid 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 (MN)

Dear Consumer Financial Protection Bureau, I am writing this letter as a complaint on my {$10000.00} pending chargeback dispute for my business card with American Express.

1. Facts I purchased a travel package bundle from a company called XXXX XXXX XXXX XXXX in early XX/XX/XXXX and paid for that product with two of my American Express cards : ( 1 ) card X and ( 2 ) card Y. Shortly after my purchase, I paid approximately {$5000.00} towards the balance on my card Y leaving approximately {$5000.00} in an outstanding balance.

Within a week of my purchase, I did not receive the product that I purchased and attempted to reach out to the vendor. After weeks of no response from the vendor, I called American Express and requested a chargeback on both of my cards. American Express representatives assured me that if I did not receive my product, I would be issued a chargeback for my purchase.

Within weeks after my chargeback request, a successful chargeback was placed towards my card X for the travel bundle purchase clearing the approximately {$20000.00} debt on that card. Card Y card, however, did not receive a chargeback. After hearing nothing for weeks, I called American Express and was told that the dispute was ruled in the favor of the vendor DESPITE BEING FOR THE EXACT SAME PRODUCT AND VENDOR.

Confused as to how one card, but not the other, would receive the chargeback, I then spoke with an American Express customer representative manager. I requested an explanation for why American Express ruled in favor of the merchant and was told that my contact information would be taken down for someone to explain to me the investigation. Per the managers recommendations, I requested opened a second chargeback dispute. I further offered myself to be a source of information for the dispute and requested that any chargeback investigators call me at my personal cell. Despite this, I heard nothing from American Express for three months. During this time, I was never contacted for information, learned about the status of my chargeback, or was given an explanation of the first chargeback result.

To my surprise and disbelief, I suddenly began receiving aggressive debt collector calls towards the end of XX/XX/XXXX demanding I pay the {$5000.00} outstanding balance on card Y. Upon calling American Express, I was abruptly told that the chargeback was ruled in the favor of the merchant again, and despite my multiple demands, was given no reason how or why the investigation ruled in favor of the merchant. To make matters even worse, multiple American Express refused to speak to me telling me there was nothing they could do further for me because my account was now outsourced to an external debt collector.

Frustrated and exasperated, I secured an evidentiary letter from the vendor stating that I never received the product that I purchased and that the vendor had gone bankrupt immediately after I purchased the product. Based on the letter from the vendor, American Express representatives reversed course and opened a third chargeback investigation. That chargeback investigation is now the topic of why I am writing this letter today nearly one year after the purchase.

2. Multiple Violations of 12 CFR 226.13, Truth in Lending Act American Expresss handling of my chargeback has resulted in multiple blatant violations of my rights under the Truth and Lending Act. They are as follows : Under 12 CFR 226.13 Billing Error Resolution, Section ( f ), American Express is required to conduct a reasonable investigation into my chargeback demand. The Consumer Finance and Protection Bureaus ( hereafter CFPB ) official interpretation of a reasonable investigation for a chargeback is : NONDELIVERY OF PROPERTY OR SERVICES : In conducting an investigation of a billing error notice alleging the nondelivery of property or services under 1026.13 ( a ) ( 3 ), the creditor shall not deny the assertion unless it conducts a reasonable investigation that the property or services were actually delivered, mailed or sent as agreed.

American Express has failed to conduct a reasonable investigation as required. The three investigations have consisted of calling the defunct vendor, not receiving a response, and ruling in favor of the vendor based on not receiving a response. These investigations have produced nothing aside from a non-response from the defunct vendor. They can not meet the statutory burden of proof that rests with American Express to show that I ( the debtor ) received the product that I purchased. This violation is made even more blatant considering ( 1 ) that American Express has already processed a chargeback on my other American Express card for the exact same product and vendor and ( 2 ) that I have furnished an evidentiary letter from the defunct vendor stating that I never received the product that I purchased.

Under 12 CFR 226.13 Billing Error Resolution, Section ( f ), if American Express determines that I am not due a chargeback, American Express must : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests.

American Express, despite my numerous written and oral pleas, has failed to produce any oral, written, or electronic explanation setting forth its belief that the billing error alleged by me is incorrect in whole or in part. After requesting to speak to an investigator to understand why my first two chargebacks were denied, I ( the debtor ) was told, on multiple occasions, that I can not talk to American Express investigators. In addition, a written demand for proof of documentary evidence of my consumer indebtedness was sent to American Express XXXX XXXX XXXX, Utah office and received via certified mail on XX/XX/XXXX. Documentary evidence of indebtedness, or for that matter a basic response, was never sent to me.

To make matters even worse, American Express has refused to do this for both chargeback investigations concluded on this card.

Under 12 CFR 226.13 Billing Error Resolution, Section ( c ) ( 2 ), American Express must conclude my dispute within 90 days : The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.

American Express opened its first chargeback into my card on XX/XX/XXXX. As of XX/XX/XXXX, 190 days has passed a full 100 days and counting past the statutory limit.

3. Conclusion I hope these quickly identified violations of the Truth in Lending Act will prompt American Express to rectify from how it has bungled this chargeback. I am very eagerly looking forward to the CFPB 's response to my complaint.