10,000 bonus points per 20 transactions

[LDJordan]

Unless of course he pays it on a single transaction on AMEX (sorry, couldn't resist...)

Or split 25 cents into 25 transactions. (sorry, couldn't resist neither)

 

[lovetravellingoz]

Or split 25 cents into 25 transactions. (sorry, couldn't resist neither)

I think he is capped. So it is with 1000 points if he 10 tx for the month.

If he was already over 10tx then = no bonus points. Just the 1.5 per $ pro-rata. (sorry, couldn't resist neither)

 

[js]

Online list of *new* AMEX merchants?

I remember separately and before the postcard offer I got a mailout from AMEX listing new merchants in the local area. I had a brief glance but this got binned without too much attention being paid to it.

Does anyone know of an online version of this? I know there was the merchant map overlay for Google Maps but it seemed to be all merchants, not just the new ones.

Figure that - on the assumption the MR bonus is actually going to kick in - it would be nice to go out of my way to show some support to some of the new merchants, as well as the places I already know about, since that seems to have been at least part of AMEX's intentions in all this.

If all else fails, I will try calling AMEX and see if they can re-send the letter with the new merchant names, but I figure a more general / online solution would be more helpful for other card users too if one is available.

 

[LDJordan]

Re: Online list of *new* AMEX merchants?

I remember separately and before the postcard offer I got a mailout from AMEX listing new merchants in the local area. I had a brief glance but this got binned without too much attention being paid to it.

Does anyone know of an online version of this? I know there was the merchant map overlay for Google Maps but it seemed to be all merchants, not just the new ones.

Figure that - on the assumption the MR bonus is actually going to kick in - it would be nice to go out of my way to show some support to some of the new merchants, as well as the places I already know about, since that seems to have been at least part of AMEX's intentions in all this.

If all else fails, I will try calling AMEX and see if they can re-send the letter with the new merchant names, but I figure a more general / online solution would be more helpful for other card users too if one is available.

Nah, that was just a massive size white paper with suburbs printed on it, haven't mentioned anything about Promotion, got 2 in one day, good paper , used to cover my table for dinner that night ...lol

 

[bravoecho1]

I couldn't remember when I signed up for MYREWARD so I thought I would call the 1300 number on the card I received for the promo.

Lady confirmed that I signed up on the 18thD) and that I was targetted. The only change that will effect me since the new T&C's is that points won't be credited automatically but will take up to 8-10 weeks.

The only drama is that I had 3 automatic transactions go through on the 30th which meant that I needed another 2 to round it off to a block of 5 for the 5000 bonus pointsmad.

 

[baz123]

I have no postcard, signed up on 19/9.

I called AMEX twice just then:
1) Customer Service section - they said they've checked with their supervisor and said that i am still eligible for original T&C. I noted her name and time.

2) Membership Rewards section - he checked that i am not on the "targetted" list, but since i signed up before 20/9, they would give me 10k/month capped.

So there you go, in the space of 20 mins, I had 2 very different answers.

For 2), i presented my arguments further and he said he'd investigate further and get back to me. My main arguements:
1) it was clear about the TandC when I signed up that it was unlimited.
2) the offer was made publicly available, even on the landing page for a brief moment.
3) I accept change in T&C, but NOT in retrospect. Need any amendments in writing.
4) my spending pattern has been changed with the knowledge of the original T&C.

Will update you guys if/when I hear from them.

Thanks for the update. Please let me know how it goes as I believe I'm in your boat. Yesterday I was told by customer service that I was eligible. This was at the end of a 20 minute phone call with them checking that I was eligible. For the record I signed up on the 18th. Cheers!

 

[rodgerbranch]

Amex tactic is to leave us in limbo untill the promo is over

Have you not read anything that has been posted here? Or are you just ranting now? I posted two links to Amex's website that explained it all. What more do you want? It's been stated already on their site, if you signed up prior to the 20th, the original T&C apply! Please stop posting these ranting posts!

Mate,
Two things so YOU understand:

1) the FAQ pages refers to the Post 20th of September. Some Pre20th have a hope they be allowed to stay. Remember, there are QFFAMEX and Corporate Amex People in the lot (I follow more than 1 forum)

2) Even if they allow everyone Pre20th to stay as initially signed, there is THE BIG QUESTION THAT STARTED ALL THIS CHAOS "What is the T&C small print if any? "

For example they haven't communicated to anyone yet (IN WRITING) what the conditions for Min-Purchase or Max-Transactions are... It has all been Verbal info or Web published pages that change by the hr.

They are Dodgy trying to convince us the new T&C were communicated to people from the 20th when they certainly Didn't (have a look at post during the dates 20-24)

You can make your own idea of what the T&C are and go on a shopping bonanza for points. I would, and many of us would If we knew it was a real unlimited points offer with no conditions. But Amex doesn't want to clarify so we stay in limbo forced to self-regulate until the end of the promo.

This is an actual Cancellation of the Unlimited Uncapped Promotion without having to touch the T&C</SPAN>


Whatever you get from them GET IT IN WRITING

 

[simongr]

Re: Amex tactic is to leave us in limbo untill the promo is over

You can make your own idea of what the T&C are and go on a shopping bonanza for points. I would, and many of us would If we knew it was a real unlimited points offer with no conditions. But Amex doesn't want to clarify so we stay in limbo forced to self-regulate until the end of the promo.

Apart from paying more (i.e. paying a surcharge) to get the bonus points or spending just so that you can get the bonus (now this is really dumb) what does it harm you to push all your transactions through Amex?

I am personally pushing as many transactions as I can through Amex - and have probably earned at least 1000 points extra just because of that and earned some interest on my personal account.

I will still fight tooth and nail to get unlimited points but worst case is that I am pushing more transactions through Amex and greater $.

 

[lovetravellingoz]

Re: Online list of *new* AMEX merchants?

I remember separately and before the postcard offer I got a mailout from AMEX listing new merchants in the local area. I had a brief glance but this got binned without too much attention being paid to it.

Does anyone know of an online version of this? I know there was the merchant map overlay for Google Maps but it seemed to be all merchants, not just the new ones.

.

Just use the link on the postcard

www.amexnetwork.com.au/merchantmap

 

[oz_mark]

Re: Amex tactic is to leave us in limbo untill the promo is over

2) Even if they allow everyone Pre20th to stay as initially signed, there is THE BIG QUESTION THAT STARTED ALL THIS CHAOS "What is the T&C small print if any? "

For example they haven't communicated to anyone yet (IN WRITING) what the conditions for Min-Purchase or Max-Transactions are... It has all been Verbal info or Web published pages that change by the hr.

What makes you think there are any Min-purchase, Max-transactions T&C's? (outside the post 20th cap on bonus points)

Apart from paying more (i.e. paying a surcharge) to get the bonus points or spending just so that you can get the bonus (now this is really dumb) what does it harm you to push all your transactions through Amex?

This promotion has not caused me to spend 1c more than I otherwise would have, but it has caused me to concentrate on one card

 

[Timtammi]

To qualify for this promotion, eligible Cardmembers must register with American Express before12pm (AESDT) 31 December 2008 An eligible Cardmembers is one who has received a personally addressed direct mail invitation, and registers in the program. Only one registration per Cardmember account is permitted.

Just FYI after reading all of this thread and having NOT received the offer I phoned today and asked if I could be enrolled in the promotion. Basically the answer was "no way". No invite, no registration. Sucks..

 

[benhadi]

I have a feeling Gordon and Slater will want to know abt this.

FYI my situation is this:

1. Holding QF Amex Ultimate Card
2. Saw advertisement on website (5k points for 5 spend) , then proceeded to call them to sign up on the 19th.
3. Was told i successfully registered for the promo, and told of terms and conditions (unlimited etc)
4. Changed my spending patterns and used AMEX only, making extra efforts to shop only in places that accepted it.
5. Got some bonus points (10K) , but stopped after 2nd lot of Bonus points given...coincidentally after the 20th.

Today called up AMEX and told the following:

1. Didn't get postcard, therefore will cap at 10k because of new T&C
2. They were not planning to inform me in writing because i wasn't one of their postcard "recipients"
3. They are entitled to change T&C and apply them retrospectively
4. The offer was not advertised on website - they were only a reference to those ppl who were sent the postcards (suggesting that i was not entitled to it in the first place and therefore they are in fact acting in goodwill by giving me 10k points a month)

My counter argument:

1. Didn't know of existence of postcards - which is really irrelevant in this case
2. Saw advert on website, acted on the advert and proceeded to speak to AMEX, subsequently registered successfully and informed of T&C explicitly
3. As far as i'm concerned, it was a contract at that point - irrespective of a postcard. I maintain that i was eligible because it was publicly advertised. CSA continues to argue that it was not publicly advertised.
4. Now they decide to change T&C and were not even planning to inform me in writing because i wasn't a postcard recipient

Apparently they have set up a "Resolution Team" for this promo, and the person i spoke to was from that team.

Thoughts, anyone?

 

[Soundguy]

I just got off the phone from CS and confirmed the following in a recorded phonecall - and yes, the CS person OK'd the recording, which is probably why they kept going away to confirm for certain lots of details

Legally you don't need to tell them as their own answering message advises that the call may be recorded. This applies to any organisation with such an answering message advising that "the call may be recorded" - you can take your own recording without mentioning it.

I have been doing this with my local council as one of their inspectors asked for a large payment and claimed there was a regulation for such (either incompetence or attempted fraud as there is nothing like it). They are defending him, I am recording each call unknown to them. I also found out that they are actually not recording themselves, despite their answering message that says they may. The power is always in the hands of the person with the recording, the Police and legal industry know this well and use it to their advantage every day. Same with the media (none more corrupt) - for critical matters never agree to a taped interview unless you take your own independent recording and advise them it will be posted uncut on the internet.

 

[cowtown]

Hmm

I'm not sure what all these people are going to sue for.

What can you sue for?

What loss can you show?

What consideration did you provide?

Seems like you could *maybe* argue you racked up too many debts to try to get points, so they give you 100 days interest free or something, not sure how you're gonna get them to specifically give you all these points...?

 

[simongr]

Hmm

I'm not sure what all these people are going to sue for.

What can you sue for?

What loss can you show?

What consideration did you provide?

Seems like you could *maybe* argue you racked up too many debts to try to get points, so they give you 100 days interest free or something, not sure how you're gonna get them to specifically give you all these points...?

Loss - points not credited when "contract" entered into
Consideration - merchant fees earned by Amex on payments we made using Amex and fees paid to Amex for the card and/or MR program

Pretty simple really. Amex entered in a contract with cardholders twice. First when a membership fee was paid for the rewards program and secondly when they contracted to provide bonus points based on the number of transactions flowing through the account.

So we have a contract, we have consideration (you can't have a contract without consideration) and a potential loss.

The issue is the enforceability of the T+C in the MR program that they can vary T&C whenever they want. I do not know if that is legal in Australia.

If you have a better understanding of contract law please clarify.

 

[legalistic]

Seeing as I fall into the pre Sept 20th group (without a postcard) what's the best way for all of us to proceed with legal actions seeing as they are drawing a strategy to cap us.

Either way, this whole points reward debacle is consuming too much time and causing too much uncertainty.

If we don't form a group strategy to Amex's vague, deceptive and twistly worded guidelines, we'll be trapped in their grey dialogue for the next 10 weeks.

I just want some clear specifics in writing, or even an apology which Amex should have delivered ASAP.

Albeit they had good original intentions, and given us initial happiness and joy they have now taken it away (or not? but causing too much doubt) and dragged their brand's name through the mud if they don't honor their original good intentions.

 

[baz123]

I don't think it's a question of them changing the T&Cs, as they can do that as they please. The issue is whether they attempt to do so retrospectively, and/or without informing people who have already successfully enrolled

 

[AnonymousCoward]

Loss - points not credited when "contract" entered into
Consideration - merchant fees earned by Amex on payments we made using Amex and fees paid to Amex for the card and/or MR program

No - neither of these two are valid. "Loss" and "Consideration" are terms of art in contract law, not regular English words.

A contract requires quid pro quo (something for something). That something is the consideration that you provide to the other party. What Amex earns from merchants isn't something that you have provided to Amex - but rather something from the merchant to Amex.

An "offer in the air" (i.e. the promise of a gift - e.g. additional MR points) is not a contract, and not enforceable through contract law.

Edit: removed some stuff that didn't make sense.

Pretty simple really. Amex entered in a contract with cardholders twice. First when a membership fee was paid for the rewards program and secondly when they contracted to provide bonus points based on the number of transactions flowing through the account.

It's pretty arguable whether any contract was entered into here. Amex made an offer, and you relied on that offer (perhaps to your detriment), but you provided no consideration in return for what Amex offered.

You may be able to rely on equity instead (estoppel) and have Amex estopped from repudiating the offer. But estoppel isn't contract law.

AC

 

[white22]

The issue is the enforceability of the T+C in the MR program that they can vary T&C whenever they want. I do not know if that is legal in Australia.

If you have a better understanding of contract law please clarify.

Contractually, it may well be enforceable. Lots of contracts have terms that allow for unilateral variation without notice.

As previously noted by a number of posters in this thread (including me at post #1040), contractually enforceable does not mean it is not in breach of the consumer protection provisions in the TPA and other legislation.

 

[rodgerbranch]

...

Today called up AMEX and told the following:

1. Didn't get postcard, therefore will cap at 10k because of new T&C
2. They were not planning to inform me in writing because i wasn't one of their postcard "recipients"
3. They are entitled to change T&C and apply them retrospectively
4. The offer was not advertised on website - they were only a reference to those ppl who were sent the postcards (suggesting that i was not entitled to it in the first place and therefore they are in fact acting in goodwill by giving me 10k points a month)

Thoughts, anyone?

I am sure there will be a lot of this and more when we get to 31DEC.

For people who enrolled by phone/net without card they will not even bother to check your transactions. YOU WILL BE CAPPED TO 10K PER MONTH AUTOMATICALLY. Giving you same rights of Post 20th Sep.

For people who enrolled by phone/net with invitation card they will check your transactions and find the smallest detail that could pass as abuse, then they will offer you 10K per month IN GOOD WILL.

The rest of the Pre20th (with Card) would probably be people who made 20 transactions per month (or less) and they will be left Uncapped. What a JOKE



If you have no more benefit to gain from this promo, or if the benefit now seems not worth it, then take the matters to the ACCC... A couple of hundred customers sending letters to the ACCC will get things straight


My advice to you is that even if you were offered in GOOD WILL 10k per month MAKE THEM SEND YOU A WRITTEN CONFIRMATION .