Consumer complaint received 2022-08-06
Product: Credit card or prepaid card — General-purpose credit card or charge card
Issue: Advertising and marketing, including promotional offers — Didn't receive advertised or promotional terms
Company: AMERICAN EXPRESS COMPANY (TX)

I recently applied for a personal credit card with American Express, and at the time I applied for the card, American Express advertised certain terms and conditions for the card which, immediately after I received the card, American Express stated they could no longer abide by. I relied on the representations made at the time I applied for the card when I decided to apply for the card. I would not have applied for the card but for these representations. 

In more detail, on XX/XX/XXXX I applied for an American Express XXXX XXXX XXXX personal credit card. The card was advertised on the website XXXX XXXX as one of the best cards to use for balance transfers. I clicked on the hyperlink on the XXXX XXXX website and was brought to an American Express website to review the terms and conditions of the card and to officially apply online. The provision in the terms and conditions that were most of interest to me were that this card offered new card holders a 0 % percent APR on balance transfers ( for balance transfer up to {$3700.00} ) that were made within the first 30 days of opening the card account. 

On XX/XX/XXXX, I contacted an American Express customer service representative to initiate a balance transfer for {$3700.00}. I reached the customer service representative through the American Express phone app after I had created an account and linked it with my card. At that time I was told I could not request a balance transfer until I had received my physical card in the mail, so I agreed to initiate my request when I received the physical card. 

On XX/XX/XXXX, I received my physical card in the mail. The paper copy Cardmember Agreement I received as part of this mailing reflects I am eligible for 0 % introductory APR 's on balance transfers through XX/XX/XXXX. 

Also on XX/XX/XXXX, I reached out again to an American Express customer service representative ( Representative # 1 ) to initiate my balance transfer through the phone app chat. That representative confirmed that I was currently eligible for a 0 % APR on a balance transfer, but when he went to help me initiate the balance transfer, he told me he was missing the " button '' he needed to accept the balance transfer offer. He then advised me to reach out to American Express ' customer service phone line to initiate the balance transfer. 

Subsequently, also on XX/XX/XXXX, I called American Express ' customer service phone line at the number the chat representative had provided me, and a new customer service representative ( Representative # 2 ) began to initiate my requested balance transfer. This new customer service representative told me I was not eligible for a balance transfer because I did not have an " offer '' at the same time she confirmed it was unusual because her records also reflected that I was eligible because my account terms and conditions stated I currently had 0 % APR available to me on all balance transfers. 

At the time I spoke to Representative # 2 I was still chatting on the app with Representative # 1, and I reported back to him that Representative # 2 was telling me I was ineligible. Representative # 1 then checked with his manager ( Manager # 1 ) and confirmed for me that his manager said I was eligible for a balance transfer. I relayed this information to Representative # 2.

Representative # 2 then stated she could not help me initiate the balance transfer. So I asked to speak to her manager ( Manager # 2 ), also by phone, and I summarized my experience ( including the fact that Manager # 1 had confirmed my eligibility ).

Manager # 2 ( whose named was XXXX XXXX was sympathetic and consulted with some other office, which office name I do not recall. But Manager # 2 came back to me and reported he also could do nothing to initiate my balance transfer and he didn't know of any other person he could transfer me to who would. Manager # 2 confirmed that it was " hard to interpret '' and " inconsistent '' that my terms and agreement both reflected that American Express was extending a 0 % APR on balance transfer to me through XX/XX/XXXX but also that no one had access to this " offer button. '' I summarized to Manager # 2 that not only were the current terms and conditions we were all looking at on XX/XX/XXXX inconsistent, but that at the time I applied for the card, the terms and conditions I was given to review specifically stated that I was eligible for balance transfers up to {$3700.00} for the first 30 days my card was open. I can find no other way to interpret that, in the plain meaning, other than as an " offer. '' Manager # 2 stated all he could do was create an internal complaint for me, which he did ( investigation ID XXXX ) but Manager # 2 also expressed concerns that the internal complaint would not be reviewed and fully addressed until after the 30-day period balance transfer period that was extended to new customers. He told me to check back on my complaint is 2 weeks. 

The following day, XX/XX/XXXX, I decided to reach out to American Express ' customer service chat on their phone app again to confirm that the APR for purchases on my card was indeed what was reflected on the terms and conditions of the paper Cardmember Agreement I was mailed ( no longer trusting the information that had been previously provided to me ). I reached a new customer service representative ( Representative # 3 ), and they confirmed my purchase APR they had on record was the same as what was reflected in my Cardmember Agreement. However, in the very same message, Representative # 3 also : invited me to make any balance transfers at a 0 % APR, specifically confirmed I was eligible for balance transfers, and used the language that he saw " the account is eligible for the balance transfer when we saw the Offer APR for balance transfers ''. I think it is notable he used the word " offer. '' I continued to chat with Representative # 3 and summarized for him that this was different information than I was given the night before by other representatives and managers. He confirmed he now saw that there was an open complaint and also told me to check back in 12-14 business days. When I expressed concern that any resolution could be outside the 30-day period of eligibility that had been previously conveyed to me, Representative # 3 confirmed : " I've checked and can see the Balance transfer offer is valid till XXXX. '' While I have attempted to have this issued addressed by American Express internally, I am reaching out to you today for a few reasons : ( 1 ) I am concerned there have been representations made to me that this complaint will not be resolved in a timely fashion such that it can be remedied in the 30-day period that would allow me to initiate a balance transfer as a new card member ; ( 2 ) I am concerned that Manager # 2 told me my complaint was being framed as an " Error in Merchandising and Advertising, '' when really it is American Express ' violation of a contract, where I entered into an Agreement with them based on the terms and conditions that were provided to me, and ( 3 ) Most importantly I am very concerned that there could be hundreds if not thousands of similarly situated new cardholders who have had a similar experience to mine ( legally relying upon an extended offer, having different representatives then tell them no offer exists, at the same time other representatives are confirming an offer exists ).

I believe I have already experienced concrete harm where the sole reason I applied for this card was for the balance transfer offer, and at the time I applied my credit report was impacted by American Express requesting my credit history. I am now in a position where I do not wish/do not know if it is feasible for me to apply for some other company 's card that offers a balance transfer, where two requests for credit history close in time would significantly impact my credit score. And I now have an American Express credit card I have no use for, but if I opt to close that account with a very short history, it will also significantly impact my credit score. 

NOTE : I have maintained copies of all of my chats with American Express representatives made through the phone app, and ( on XX/XX/XXXX ) Representative # 3 confirmed for me that my phone conversation with Manager # 2 on XX/XX/XXXX was recorded internally. I also have the paper copy of my Cardmember Agreement that was mailed to me at the time I received my physical card.

Please let me know what I can do to remedy this situation in a timely manner. 

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