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Messages - explorer84

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Deals/Deal Requests / COSTCO - Lyft 4 $50 Ride Credit eVouchers for $169.99
« on: November 18, 2019, 11:36:03 AM »
Costco has $200 of Lyft credits available for $169.99 a 15% discount - plus credit card award points/cash back.

must be costco member

limit 2 per member

https://www.costco.com/lyft-4-$50-ride-credit-evouchers.product.100529641.html

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Goods For Sale/Trade / Nikon 5100 Starter Kit (4 Lenses) $650 Shipped
« on: November 03, 2019, 01:08:18 PM »
Selling a used Nikon 5100

Perfect amateur photographer starting kit:

Nikon D5100

4 Lenses
55-300mm (about $140 now on ebay)
35mm f1.8 (about $140 now on ebay)
18-55mm (standard comes with camera)
50mm f.1.8 (about $100 on ebay)

Also:
Camera Tote Bah
64gb Brand New memory Card
Flash Bulb
Spare Battery
Remote control clicker

If you're interested in photographs please PM and we can converse via email.

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Goods For Sale/Trade / Re: Pixel 3a 64GB- $335
« on: October 20, 2019, 09:10:08 PM »
hope the OP sold his.

I have the same.. new and sealed. $325 and it ships.

PM for pics

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i have:

Black Pixel 3XL 128 GB
Pink Pixel 3XL 128 GB

$600 for each, ill even pay shipping, payment via Venmo or Paypal.

They were activated, than they sat in the drawer, all accessories included.

thanks

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Deals/Deal Requests / Re: "Free" Google Pixel 3 and XL with Google Fi
« on: March 05, 2019, 12:37:43 PM »
anyone else still waiting? i had googlevoice  # (received my GC for a # i transferred from ATT)

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Ill be selling my two phones too; black and pink 3xl 128gb looking for $700 for each, shipped. once the 120 days are up obvs.

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 12:33:53 PM »
eh, I think there is an argument to be made.

im getting $205 clawed back, im not going to fight it. different story with those getting 5 or 6 figures clawed back.

also, you run the risk of Amex saying "ok, we will settle with you, but we want to terminate our relationship"

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 12:07:16 PM »
whats the question?

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 10:32:23 AM »
Truth is if its only a few hundred and you opt for mediation or small claims court, I think Amex offers middle ground because they do have to pay outside counsel to respond to you, prepare and appear at mediation. The hourly rate is going to be greater than $200 so amex is looking at paying between $1,500 to $3,000 JUST to get to mediation.

If we are talking $5,000 (like OP), be prepared to battle.

Defense cost considerations are always number 1 or 2 in dealing with these things. The other consideration is consumer perception.

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 10:15:15 AM »
Correct me if im wrong, but I dont believe this is an AU issue. The issue is 1 person (ssn/name) using the offer multiple times across many credit cards (whether AU on the same account or other credit card accounts entirely).

My assumption is still that 1 person would be able to receive credit for the offer 1 time. So a 7 person business with cards for each person would be eligible to receive the credit 7 times.

i'd look at it differently, each au has a login. under each login, amex made an "offer" -i.e. the 10% back at staples. the "before terms" suggest that the amex offer is for that card, thus, whoever holds that au card can avail themselves of the amex offer.

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 10:13:11 AM »
So my interest is piqued, and I read the Business Plat Card User Agreement found here: https://web.aexp-static.com/us/content/pdf/cardmember-agreements/business-platinum/Business_Platinum_06-30-2018.pdf

You should know there is claim resolution process (page 6). It says you must try to work it out with Customer Service, if they cant help, then you move onto your options. First, you must submit a "Claim Notice" I think its saying you can opt for a mediation or arbitration at that point, not really clear - seems like you can try mediation first, and then go to arbitration. The difference is that mediation is you meet with amex and a neutral third party aka the mediator (who is a licensed attorney and certified mediator). You make pitches to the mediator, and the mediator tries to work it out - he/she does not have any power to make rulings and acts as a devil's advocate and tries to reach an agreement.

If mediation fails, then you can go to arbitration - which means you do not get a jury trial - the arbitrator (a lawyer) will review the documents and make a decision. His/her decision is final and binding, no appeal to the courts, less some exceptions. Says you have to pay for arbitration. Looks like if you reject arbitration you have give Amex notice you reject arbitration. My experience with arbitration is the arbitrators usually favor the companies - why? because the companies wont use the arbitrators if they continually lose (there are plenty of neutral studies on how arbitrators rule against consumers and for large companies, by the way). Arbitrators are companies, not governmental entities and they are looking to make a profit. I'd say go to mediation, reject arbitration, then file in court. In court you may be able to get a jury.

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 09:56:25 AM »
I think that's the main question, but I'd have to see the "after" T&Cs.

Again, this issue - I believe - falls under consumer law, and the standard it the "reasonable consumer" not a "well-versed DansDeal Follower" so the question is "would a reasonable consumer who logged into their Authorized User Business Account and read the Amex Offer T&Cs believe they would receive a rebate for that Authorized User card?" Other considerations would be the "card user agreement" T&Cs too.

Im overly simplfying this. There are other considerations that can be used such as "estoppel" but who knows.

Im sure a crafty lawyer could cobble a class-action.


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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 09:49:04 AM »
understood, can someone post the "after" T&Cs?

As to the question re: trick to get them to appear on personal cards, I'd say your out of luck. Terms are clear and unambiguous that the offer is for business cards.

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 09:45:04 AM »
Is this the T&Cs before or after the change? I read above that someone said there was a change to the offer terms?

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Credit Cards / Re: AMEX CLAWING BACK AMEX OFFERS CREDITS!!
« on: August 30, 2018, 09:34:55 AM »
(attorney here, and not giving legal opinion only thoughts)

Without digging into the T&Cs before and after the change, there is certainly a legal argument that previous course and dealings with AMEX gave the consumer the impression that Amex was allowing it on a per-card (AUs) basis vs. a person basis. To suddenly change the course of dealing without proper notice and expressed consent from the consumer that the T&Cs changed certainly raises at least some grounds to argue against the clawback. Does anyone have the T&Cs before and after? If so, please post.

Amex will just argue that despite what the "Amex Offer" T&Cs were, you agreed to the "standard card agreement" which certainly has some language that gives them the right to do this. Again, I don't know, I'd have to read everything.

If the card agreement requires arbitration and that Amex will pay the arbitration costs (whether you win or lose), then it may be a good idea to go that route to at least try. On the other hand, if you have to go court, then be careful there isn't a prevailing attorneys' fee provision and mind which court you must file in.

I have spoken with in-house Amex counsel before - not about this issue, but generally - and they generally try to settle cases rather than litigate. I am talking disputes, not collections though.

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