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AMEX Automatic Chargeback Scam (Read 1882 times)
AbouttodropAMEX
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AMEX Automatic Chargeback Scam
Feb 22nd, 2004, 1:38pm
 
We are a small family owned and operated online management consulting agency-- and an AMEX merchant-- that provides business-to-business services to other small start-up businesses. We are experiencing an ongoing fraud issue involving certain clients seeking to cancel our services after they have already been rendered... and American Express due to the AMEX "automatic chargeback program" we were forced to enroll in (in order to be permitted to accept AMEX transactions online).

Here's the way the scam goes...

Our client comes to us to obtain a business license. We charge them a fee which includes our fee, a government license fee and a third party fee. Our policy is to adopt the government's policy that all fees are non-refundable once submitted, a policy which is clearly published on our website.  When a client makes application for the license they must pay the full fee in advance. We then earn our fee by processing the application and tender to the government the portion of the fee required by the licensing agency.

On numerous ocassions, the AMEX cardholder has inquired with AMEX about a refund and-- despite our policy and the US Government's policy against refunds once fees are paid-- AMEX contacts us and advises that they received notice of a "billing error" and have complied with the request for a refund after conducting their "investigation".

Although there is no fraud alleged by the cardmember, AMEX treats all online purchase claims as fraud. Rather than contact us and ask us to substantiate the charge like VISA & MC does, or advise the cardholder to simply pursue the matter in court, AMEX just gives back the money to the cardholder, calling the incident a "billing error", charges our account BUT KEEPS THEIR FEE. Essentially, they are giving their cardmembers a license to commit fraud without exercising the dilligence we believe is due to confirm whether the customeris actually due the money. AMEX actually makes money off this scheme.

We are essentially being defrauded each time by AMEX and the AMEX cardmember due to AMEX's policy. Not only do we not get paid for our services rendered but we actually take the hit on the government filing fee and lose $300 each time...not to mention the fee AMEX takes from us to process the transaction! Our complaints to AMEX and notifications that there is, in eac instance, no "billing error"are each time met with resistance.

We therefore suppose we can get our own AMEX card and buy whatever products and services we like online and then simply call AMEX and advise we have changed our mind and-- even though we are already in possession of the product or consumed the service and even though we made a written promise to pay the merchant-- we simply want our money back from the merchant through AMEX. We assume AMEX will comply with our request. The opportunities for fraud are obviously endless. AMEX must not be allowed to get away with this--in fact, make money off this-- and must be held accountable. We are therefore notifying the Internet Fraud Complaint Center (IFCC) and recommend that other merchants complain about AMEX's policy which, at best, constitutes accessory to commit online fraud.    

We believe American Express is engaged in a scheme to defraud online merchants through its policy which is intended to obtain and retain its cardmembers' annual fees (they just want to keep their cardmembers happy so they won't cancel their AMEX card and stop paying their annual fee--a fee which is essentially a fee to allow the cardmember to steal from merchants--and then make money off of merchants in the course of perpetuating fraud.

We believe this constitutes Racketeering and can be prosecuted as a corporate crime if enough merchants band together. We are therefore seeking to make contact with other merchants being affected by this wrongful AMEX policy who might be interested in participating in a Class Action Suit and possibly bringing racketeering charges against American Express. We believe we have on our own evidence of the 3 predicate acts required to bring such Federal Racketeering charges.

Interested parties or lawyers interested in taking on this case can contact us at affectedmerchants@mail.com.

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rjriley
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Re: AMEX Automatic Chargeback Scam
Reply #1 - Jul 30th, 2004, 8:46pm
 
For starters you should stop taking Amex cards.  You should also advise all the people starting business that they should not do business with American Express.

You need to understand that Amex does whatever is necessary to maximize their profits.  That is all that matters to them.  So start telling all your clients that .....

American Express REALLY SUCKS
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Ronald J. Riley&&http://www.rjriley.com/dud/american-express/&&Want to give Amex appropriate public recognition? Contact page http://www.rjriley.com/contact/
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I am a rock I am an island
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Re: AMEX Automatic Chargeback Scam
Reply #2 - Jul 30th, 2004, 9:36pm
 
ok, here's an example of what I'm talking about relating to how you quickly just respond to all posts.  

"You need to understand that Amex does whatever is necessary to maximize their profits."

Mr. Riley, ALL corporations usually do what they can LEGALLY do to maximize their profits!  What is American Express doing differently?  Are they fleecing merchants and customers - if so how?   What are they doing DIFFERENTLY than other financial institutions.  It would help if you substantiated your comments more with evidence and substance in the form of research.evidence.....in order to have more impact (to better achieve your goals or your mission in posting so many times.)    DeAl

(I'm currently taking an ethics class in school toards my Bachelor's in business operations and actually would like to know more about whether any substantial evidence can be uncovered (in comparison to what other similar companies are doing).....-- since I find this topic very relative to my class.)
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amex01273
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Re: AMEX Automatic Chargeback Scam
Reply #3 - Jul 31st, 2004, 6:26pm
 
[quote author=I am a rock I am an island  link=1077471537/0#2 date=1091244978]ok, here's an example of what I'm talking about relating to how you quickly just respond to all posts. [/quote]

Dude - it took him 5 whole months to respond to that topic - I would hardly call that quickly.  

And look at the high quality response he came up with.... inspirational.
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Sexzie Brittany
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Re: AMEX Automatic Chargeback Scam
Reply #4 - Jul 31st, 2004, 7:30pm
 
Aren't you sly/you're actually encouraging him to respond more!!!! Roll Eyes you kutie you.  You have a nice energy level, too.  Remember, key word:  delayed gratification, now, Sweetz.
gotta run....just a little break inbetween my shopping spurts.
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Van Smack
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Re: AMEX Automatic Chargeback Scam
Reply #5 - Aug 3rd, 2004, 3:29am
 
[quote author=AbouttodropAMEX  link=1077471537/0#0 date=1077482337]We are a small family owned and operated online management consulting agency-- and an AMEX merchant-- that provides business-to-business services to other small start-up businesses. We are experiencing an ongoing fraud issue involving certain clients seeking to cancel our services after they have already been rendered... and American Express due to the AMEX "automatic chargeback program" we were forced to enroll in (in order to be permitted to accept AMEX transactions online).

Here's the way the scam goes...

Our client comes to us to obtain a business license. We charge them a fee which includes our fee, a government license fee and a third party fee. Our policy is to adopt the government's policy that all fees are non-refundable once submitted, a policy which is clearly published on our website.  When a client makes application for the license they must pay the full fee in advance. We then earn our fee by processing the application and tender to the government the portion of the fee required by the licensing agency.

On numerous ocassions, the AMEX cardholder has inquired with AMEX about a refund and-- despite our policy and the US Government's policy against refunds once fees are paid-- AMEX contacts us and advises that they received notice of a "billing error" and have complied with the request for a refund after conducting their "investigation".

Although there is no fraud alleged by the cardmember, AMEX treats all online purchase claims as fraud. Rather than contact us and ask us to substantiate the charge like VISA & MC does, or advise the cardholder to simply pursue the matter in court, AMEX just gives back the money to the cardholder, calling the incident a "billing error", charges our account BUT KEEPS THEIR FEE. Essentially, they are giving their cardmembers a license to commit fraud without exercising the dilligence we believe is due to confirm whether the customeris actually due the money. AMEX actually makes money off this scheme.

We are essentially being defrauded each time by AMEX and the AMEX cardmember due to AMEX's policy. Not only do we not get paid for our services rendered but we actually take the hit on the government filing fee and lose $300 each time...not to mention the fee AMEX takes from us to process the transaction! Our complaints to AMEX and notifications that there is, in eac instance, no "billing error"are each time met with resistance.

We therefore suppose we can get our own AMEX card and buy whatever products and services we like online and then simply call AMEX and advise we have changed our mind and-- even though we are already in possession of the product or consumed the service and even though we made a written promise to pay the merchant-- we simply want our money back from the merchant through AMEX. We assume AMEX will comply with our request. The opportunities for fraud are obviously endless. AMEX must not be allowed to get away with this--in fact, make money off this-- and must be held accountable. We are therefore notifying the Internet Fraud Complaint Center (IFCC) and recommend that other merchants complain about AMEX's policy which, at best, constitutes accessory to commit online fraud.    

We believe American Express is engaged in a scheme to defraud online merchants through its policy which is intended to obtain and retain its cardmembers' annual fees (they just want to keep their cardmembers happy so they won't cancel their AMEX card and stop paying their annual fee--a fee which is essentially a fee to allow the cardmember to steal from merchants--and then make money off of merchants in the course of perpetuating fraud.

We believe this constitutes Racketeering and can be prosecuted as a corporate crime if enough merchants band together. We are therefore seeking to make contact with other merchants being affected by this wrongful AMEX policy who might be interested in participating in a Class Action Suit and possibly bringing racketeering charges against American Express. We believe we have on our own evidence of the 3 predicate acts required to bring such Federal Racketeering charges.

Interested parties or lawyers interested in taking on this case can contact us at affectedmerchants@mail.com.

[/quote]

Dear merchant,

The special program is called immediate chargeback AMEX doesnt have a program called automatic chargeback.  

Due to your industry your establishment and many, many others in your industry are under this addendem to your terms and conditions.

Accepting AMEX under its terms and conditions is not for everybody and it appears accepting AMEX may not be for your establishment.




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rjriley
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Re: AMEX Automatic Chargeback Scam
Reply #6 - Aug 3rd, 2004, 5:48pm
 
[quote author=Van Smack  link=1077471537/0#5 date=1091525385]

Dear merchant,

Accepting AMEX under its terms and conditions is not for everybody and it appears accepting AMEX may not be for your establishment. [/quote]

Translation: the terms stink and it is best to not deal with them because..........

American Express REALLY SUCKS
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Ronald J. Riley&&http://www.rjriley.com/dud/american-express/&&Want to give Amex appropriate public recognition? Contact page http://www.rjriley.com/contact/
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amex01273
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Re: AMEX Automatic Chargeback Scam
Reply #7 - Aug 3rd, 2004, 6:20pm
 
Riley - it may shock you to learn that Amex is not the only Merchant network to operate a "zero recourse" clause in some of their merchant agreements.

Then again - it may shock you to learn that Tweed Jackets and bell bottoms are no longer in fashion - but hey....
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AbouttodropAMEX
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Re: AMEX Automatic Chargeback Scam
Reply #8 - Aug 3rd, 2004, 6:31pm
 
Here's an update for all you interested folks who like to squabble about this stuff.

So we approached AMEX and found a loop hole. We were in the program because we were service based. The minute we decided to sell one product, we were removed from the immediate chargeback program.

Very silly.

Needless to say, no lawsuit by us. we're considering rebilling the clients that we originally lost the battle on.

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« Last Edit: Aug 3rd, 2004, 8:21pm by AbouttodropAMEX »  
 

 
Van Smack
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Re: AMEX Automatic Chargeback Scam
Reply #9 - Aug 3rd, 2004, 11:12pm
 
[quote author=AbouttodropAMEX  link=1077471537/0#8 date=1091579478]Here's an update for all you interested folks who like to squabble about this stuff.

So we approached AMEX and found a loop hole. We were in the program because we were service based. The minute we decided to sell one product, we were removed from the immediate chargeback program.

Very silly.

Needless to say, no lawsuit by us. we're considering rebilling the clients that we originally lost the battle on.

[/quote]

Translations for Charlie,

AMEX continues to have the opportunity to business with the merchant.

And Charlie COMPLETELY FAILS in his effort to get a merchant to stop doing business with AMEX.
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The Pimp in the Box
 

 
rjriley
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Re: AMEX Automatic Chargeback Scam
Reply #10 - Aug 4th, 2004, 9:14am
 
[quote author=Van Smack  link=1077471537/0#9 date=1091596334]

Translations for Charlie,

AMEX continues to have the opportunity to business with the merchant.

And Charlie COMPLETELY FAILS in his effort to get a merchant to stop doing business with AMEX.
[/quote]

Don't worry, Amex will dink with them again and the next time they will walk.  We have seen many other examples of Amex repeat offenses.
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Ronald J. Riley&&http://www.rjriley.com/dud/american-express/&&Want to give Amex appropriate public recognition? Contact page http://www.rjriley.com/contact/
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AMEX
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Re: AMEX Automatic Chargeback Scam
Reply #11 - Apr 6th, 2006, 1:12am
 
...
...
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whataboutmerchants
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Re: AMEX Automatic Chargeback Scam
Reply #12 - Jun 11th, 2006, 2:52am
 
I couldn't agree more with this post!  I am an online merchant selling retail PRODUCTS.  We too, in order to become an American Express Merchant have dealth with and are still dealing with the "automatic chargeback program".   Many of our customer's want their order shipped to a different address other than their billing address.  It seems that almost every time we accepted a large order from a customer using American Express and shipping to a different address, we would be charged back.  All the customer would have to do is claim they did not make that sale.  End of argument!  We were charged back.  Then we decided that with American Express orders, the customer's shipping and billing address must match.  Still didn't matter.  one customer in particular claimed she did not recieve her package.  We showed proof of delivery by the United States Postal Service, but she claimed she was not their on the day the package arrived and since we did not require a signature for the package.....where did the package go?  We should have known before be even sent the package because this lady was a problem from the get-go.  We were new to the business and we tried so hard to please, and sent her a small gift along with her order.  We now have to make the poor soles that just want their orders, sign for them.  Many of which work in the daytime (don't we all) and are not at home during the post office delivery hours, now have to either arrange for another delivery day or pick it up themselves at their local post office.   I have a few more stories, but all are pretty much the same......the merchant gets the shaft!  I really don't want to stop accepting American Express, because some of our larger sales come from American Express customers.  ( I know, a glutten for punishment). Undecided  However, if enough of us did, maybe it would make them reconsider their position.  More and more online stores, and online services are popping up all over.  If enough merchants got sick and tired of being treated this way and dropped them, maybe it would affect their "dirty, money grubbing, little hands" and they would rethink their ways.  Huh  PS:  Does anyone know of a place or service for merchants to fight back against online fraud?  I have tried our local police department, attorney general's office, etc... to no avail.
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