Any attempt by Amex to retrospectively cap the number of points under this promotion is a very risky move from both a legal and customer relationship standpoint. This is exacerbated by the fact that Amex has not made any attempt to formally notify their customers of the new T&Cs (a short FAQ on Amex's web site falls well short of the mark).
Should Amex continue down this path, it would not be practical for me (or for most other customers I suspect) to bring a claim against Amex for breach of contract. Rather, I will referring this matter to the ACCC on the basis that Amex has engaged in misleading or deceptive conduct. "Consideration" is not a requirement of a Trade Practices Act claim.
If enough people complain, it will certainly get the attention of ACCC who will in turn take further action against Amex if appropriate. Take it from me, a letter from the ACCC is taken *very* seriously by all corporations irrespective of size. Going down this path also means that cardholders will be able to rely upon the significant financial and legal resources available to the ACCC.
For now, I am sitting tight to see how this all plays out. I am hopeful (though not optimistic) that Amex will still do the right thing by its customers.
Should Amex continue down this path, it would not be practical for me (or for most other customers I suspect) to bring a claim against Amex for breach of contract. Rather, I will referring this matter to the ACCC on the basis that Amex has engaged in misleading or deceptive conduct. "Consideration" is not a requirement of a Trade Practices Act claim.
If enough people complain, it will certainly get the attention of ACCC who will in turn take further action against Amex if appropriate. Take it from me, a letter from the ACCC is taken *very* seriously by all corporations irrespective of size. Going down this path also means that cardholders will be able to rely upon the significant financial and legal resources available to the ACCC.
For now, I am sitting tight to see how this all plays out. I am hopeful (though not optimistic) that Amex will still do the right thing by its customers.