- Report: #1399623
Complaint Review: American Express Company - Nationwide
Reported By:
AmericanExpressAffiliator -
Miami, Florida, USA
Submitted:
Updated:
-
Author Not Confirmed
Why?
American Express Company
Nationwide, USA
Web:
www.americanexpress.com
Categories:
Business Rating:
(0)
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American Express Company AXP, Amex, American Express The American Express Company, also known as Amex, is an American multinational financial services corporation headquartered in Three World Financial Center in New York City. New York City Nationwide
American Express Company commits fraud by failing to abide and comply to their terms and conditions that protect against fraud. Recently, I tried to obtain a refund for a deceiving and defective product costing over $500 dollars. After numerous attempts to obtain a full refund from the merchant, I contacted American Express whereby they denied any fraud took place and would not cover such costs. However, whenever a merchant sells a product that is defective, and such merchant fails to provide a refund for such defective product, the failure to provide a refund is in fact fraud. This type of fraud may take several forms.
If the merchant knew, or had reason to know, that the product was defective at the time of sale, then the fraud committed is called intentional, or negligent, misrepresentation. Regardless of the merchant's knowledge, fraud has occurred under these circumstances. The mere fact that the consumer gave his or her credit card information voluntarily does not negate the fraudulent act. However, American Express Company does not take into account the merchant's intent or negligence, but simply limits its guarantee against fraud (a very broad act, with various forms) to credit card theft. American Express Company's failure to protect consumers against fraud in general, as agreed to both expressly and impliedly, and as advertised, makes American Express Company an accomplice of the fraudulent act, and essentially a conspirator. American Express Company becomes the fraudulent perpetuator by failing to take action in light of the fraudulent act already committed.
The money is not at issue for me personally, since it's only about $500 dollars. This is an issue of morality and trust, as it affects consumers' confidence in American Express Company when making any purchase. While consumers are held strictly liable for making on-time monthly payments and paying yearly fees, trusting that American Express Company will have their back when confronted with deceiving merchants that are willing and able to commit fraud, American Express Company simply becomes an aider and abetter of fraudulent merchants in the marketplace. At the end of the day, it is not worth having a membership with American Express because the added benefits are simply not there. American Express Company will put profits over customer satisfaction, preferring to save a couple hundred dollars, rather than stand up against fraudulent merchants and transactions.
It is a shame that American Express Company handles such petty manners in an almost criminal fashion, similar to white collar crime, by helping enrich fraudulent merchants that sell fake or defective products, which only make consumers victims. I hope that American Express 86% negative reviews on Better Business Bureau makes consumers wary and think twice before becoming a member with American Express Company, as they will leave you hopeless and without compensation when faced with fraudulent merchants. It's a sad world out there when the poor or less fortunate are taken advantage by the rich and more fortunate that rule and run our society, a reason why there are more people living in poverty in America than ever before, while the rich are simply getting richer.
American Express Company is a scam company.
3 Updates & Rebuttals
Jim
Anaheim,California,
USA
Not Fraud
#2Consumer Comment
Wed, September 13, 2017
AMEX did not commit fraud against you. It's impossible to ascertain from this report whether the merchant you bought the product from committed fraud against you either, however I suspect they didn't either. You bought a product and outside the warranty period, the item stopped functioning (I know it was outside the warranty period because the merchant would have replaced the item without a problem and then the merchant can go after the manufacturer for the product). I suspect the merchant may have even told you to submit your product to the manufacturer for either repair or replacement.
You then decide in your frustration to go to your CC company to either exact leverage against the merchant to get the product replaced, or you're attempting to obtain the $$ from the CC company claiming the merchant committed fraud by selling you a bad product. However, neither scenario constitutes CC fraud regarding your purchase (especially the latter), so the CC company cannot refund you for any fraudulent activity because you knowingly and voluntarily provided your CC for the purpose of buying product; evidence of which the merchant provided to AMEX in denying your claim. If you knowingly and voluntarily provided your card and authorized the purchase - that is not fraud no matter what you say. As such, there is no recourse you have against the CC company. However, if you honestly believe the merchant committed fraud in selling you product and if the merchant will not replace the item or refund your purchase, then your only recourse at this point is small claims court. If you decide to go that route, then you need some better evidence than what you presented here, because no one will buy your fraud argument. To prevail in a fraud argument, you need to expressly prove intent. You need to prove the merchant ACTUALLY knew the product was faulty (BTW, you will never be able to prove that). Simply telling someone you were defrauded, would not constitute fraud. You need to do a whole lot of research before you travel down this road. For example, have there been other cases of similar breakdowns of the product?? Perhaps your action in court should be against the manufacturer?? If it's all worth the $500 you spent, knock yourself out.
AMEX actually does a fantastic job of covering its members when there is real fraud, like when someone tried to use my card number to buy construction materials, and I did not authorize the purchase. In that case, they notified me by e-mail, text, called a family member - just to notify me there was likely an unauthorized use of the card. They even cancelled my card and shipped me a new one overnight. For customer service, there are few companies better than AMEX.
Best of luck to you.....
Robert
Irvine,California,
USA
Lacking Details
#3Consumer Comment
Wed, September 13, 2017
Credit Card companies have guarantees that protect you against fraud.
Your situation is not a case that someone used your card without your permission. This isn't a case of you not receiving the merchandise and the company disapperaing. This is a case where you purchased an item and have a quality issue with what you received.
Just like they protect you from fraud, they also require you to act in "good faith". You are saying that you asked for a refund numerous times. You failed to tell us after what period of time you did this. You failed to tell us the "product" you purchased. You failed to tell us what the issue was. You failed to tell us if the merchant attempted to repair or replace the item. You failed to tell us if you went to the manufacturer.
One thing you didn't fail to mention is to infer that the merchant knowingly sold you a defective item and was comitting fraud. But you failed to tell us how you know this for a fact.
coast
Florida,USA
Relevant Questions
#4Consumer Comment
Wed, September 13, 2017
What is the product you purchased? What is the defect? Is this a new or used product? What was the date of purchase? What was the date you requested a refund from the merchant? What is the merchant’s posted return policy? Did the merchant offer to repair or replace the product? What are the terms of the written warranty? Did you contact the product manufacturer for repair or replacement?
