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  • 1
    Oct
    2012
    3:02pm, EDT

    American Express to refund $85 million to credit card customers

    By NBC News wire reports

    American Express will refund $85 million to customers to settle regulators' accusations that it charged unlawful late fees and deceived customers to pressure them to pay off old debts or buy extra credit card services, regulators said Monday.

    Three subsidiaries misrepresented the perks consumers would receive if they enrolled in a credit card program, charged certain consumers higher late fees than were legally permissible, misled consumers about debt collection and committed other violations, the U.S. Consumer Financial Protection Bureau said.

    Besides the refund to about 250,000 customers, American Express will pay civil penalties totaling $27.5 million to the CFPB, Federal Deposit Insurance Corp, the Federal Reserve and the Office of the Comptroller of the Currency.

    "Several American Express companies violated consumer protection laws and those laws were violated at all stages of the game - from the moment a consumer shopped for a card to the moment the consumer got a phone call about long overdue debt," CFPB Director Richard Cordray said.

    The consumer bureau was created by the 2010 Dodd-Frank financial law and charged with overseeing credit cards, mortgage loans and other consumer financial products.

    Since opening in July 2011, the agency has gone after credit card companies for violating consumer laws. Discover Bank, part of Discover Financial Services, agreed to pay $214 million to resolve charges of deceptive marketing. Capital One Financial Corp was fined $210 million in July on similar charges.

    The latest probe identified marketing violations and other problems that occurred from 2003 to the spring of 2012 at American Express Centurion Bank, American Express Bank and American Express Travel Related Services Company.

    Those companies are responsible for notifying consumers.

    "From the moment we learned of the wrongdoing at American Express, we have been troubled by the range of problems that our examination process uncovered," said Kent Markus, assistant director of enforcement at the CFPB. "The legal violations we discovered span the lifecycle of a consumer's experience with American Express cards."

    American Express is conducting an internal probe of the violations and has already counted a "substantial portion" of expenses related to the charges against its earnings, spokeswoman Marina Norville said.

    American Express said in February that it was expecting regulators to bring enforcement actions related to late fees charged on certain card accounts.

    Consumers are expected to receive payments by March 15, 2013, the CFPB said.

    Reuters and The Associated Press contribute to this report.

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    50 comments

    Good reason to pay your bill in full each month. If you can't afford it, don't buy.

    Show more
    Explore related topics: american-express, legal, refund
  • 14
    Jun
    2012
    5:04am, EDT

    $2.1M tax refund, $150K shopping spree: Alleged scammer charged

    Marion County Sheriff via AP

    Krystle Marie Reyes, 25, is accused of tax evasion, theft, computer crime and methamphetamine possession.

    By msnbc.com staff and news services

    PORTLAND, Ore. -- An Oregon woman was charged Wednesday with duping the state into giving her a $2.1 million tax refund that allowed her to go on a short-lived spending spree — an alleged scam that has prompted embarrassed state revenue officials to review how they process tax returns.

    Krystle Reyes, 25, of Salem, filed an electronic return in January via Turbo Tax, reporting erroneous earnings of $3 million, authorities said. Her request for a $2.1 million refund was initially red-flagged by an automated system, but a subsequent manual review by Oregon revenue department workers OK'd the refund. Turbo Tax then loaded the full amount onto a debit card for Reyes.


    Authorities say she spent $150,000 of the funds before reporting the card lost or stolen, at which point the ruse was discovered. The state has recovered roughly $1.9 million of the funds.

    Reyes was arrested June 6, and now faces eight felony charges. In addition to tax evasion and theft charges, she is accused of computer crime and methamphetamine possession. She is scheduled to be arraigned on July 5.

    Attempts by The Associated Press to reach Reyes, who is no longer in custody, have been unsuccessful and it was not clear if she has an attorney. Officials also have not released the allegedly falsified tax return because of confidentiality laws pertaining to tax matters.

    Andrew Campbell, a senior assistant attorney general who filed the charges, has not responded to AP's requests for interviews.

    A list of what Reyes purchased during the spending spree has not been provided, but police said video surveillance showed her swiping the debit card at various stores in the Salem area. Despite being a millionaire for a few months, Reyes paid $2,000 cash to buy a 1999 Dodge Caravan, the vehicle she had been seen driving in the month before her arrest.

    'Human error'
    The Revenue Department, which processes $7 billion in tax returns, is understaffed because of budget cuts and has an old computer system. But agency spokesman Derrick Gasperini said neither of those issues was to blame for what he described as a "human error."


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    The agency plans to release more details about its apparent blunder in the coming days, and how it plans to prevent a recurrence. There has been no evidence linking Reyes to anyone inside the agency, but officials want to make sure its internal controls limit the possibility of collusion.

    "Catching this one, we all are concerned — here at the agency as well as the public — about 'is this part of a larger scheme, and who's involved in that larger scheme and does it involve anyone inside our walls?" Gasperini said.

    State Sen. Ginny Burdick, D-Portland, the chairwoman of the Senate Revenue and Finance Committee, has said she plans to hold a hearing on the matter this summer.

    "I'm not on a witch hunt, but I'm just very, very concerned that something this flagrant could have gotten through the process," she said. "We need to understand why it happened and what is going to be done differently."

    State Rep. Vicki Berger, R-Salem, co-chair of the House Revenue Committee, told the Oregonian when Reyes was arrested that the revenue department "had some explaining to do."

    "Is this is an anomaly? If so, let's make sure it never happens again," she said. "Or do we have a systematic problem in the way the Department of Revenue treats this and other transactions?"

    Following the arrest, the agency reexamined the returns of 108 people who received a refund of at least $50,000 during the current processing season, and no new instances of fraud were uncovered.

    According to the Oregonian, the state reported $559 million in delinquent taxes in 2010, primarily from unpaid personal and corporate income taxes.

    The Associated Press contributed to this report.

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    733 comments

    Here is the the thing about about this story. If she had not reported the debit card lost/stolen, she would most likely got the full $2.1 Million. I bet she is kicking herself. Has this happened before???

    Show more
    Explore related topics: tax, oregon, portland, scam, refund, featured, krystle-reyes
  • 31
    May
    2012
    11:38am, EDT

    If the IRS overpaid you on a tax refund, would you give it back?

    An honest Ohio waitress who was expecting a $700 tax refund check instead received one for over $400,000. WKYC-TV's Dick Russ reports.

    Comment

    This actually happened to me. I owed $100.00 in 1991 and sent my return along with a check for $100.00. I received a letter from the IRS stating I had made a mistake and they were returning my check along with a refund check for $900.00.

    Show more
    Explore related topics: tax, irs, refund, tax-refund
  • 18
    Apr
    2012
    7:04am, EDT

    Author Greg Mortenson faces civil suit over 'Three Cups of Tea'

    Greg Mortenson poses with Sitara "Star" schoolchildren in Wakhan, northeastern Afghanistan in this undated handout file photograph released to Reuters March 11, 2009.

    By The Associated Press

    A federal court is expected to hear accusations Wednesday that author and humanitarian Greg Mortenson fabricated parts of his best-selling books "Three Cups of Tea" and "Stones Into Schools." 

    A hearing is scheduled in Great Falls, Montana on claims that Mortenson lied about how he came to build schools in Central Asia after losing his way in a failed mountaineering expedition and being nursed back to health in a Pakistani village. 


     The lawsuit — filed by two California residents, a Montana man and an Illinois woman who bought the books — list more than two dozen alleged fabrications and accusations of wrongdoing by Mortenson, publisher Penguin Group, co-author David Oliver Relin and the Central Asia Institute. 

    The plaintiffs say Mortenson and the others purposely presented the lies as the truth to trick readers into buying the books and donating to the charity. They accuse Mortenson and the others of racketeering, fraud, deceit, breach of contract and unjust enrichment. 

    A First Amendment expert calls the lawsuit absurd, regardless of whether the books contain fabrications. 

    'Three Cups of Tea' author Greg Mortenson must pay $1 million to charity

    Mortenson did not defame or harm anybody in his books, and barring narrow exceptions like national secrets, he can write what he wants and does not have to justify it, said Wayne Giampietro, a Chicago attorney and general counsel of the First Amendment Lawyers Association. 

    "It's his story. It purports to be his experiences. He can say it any way he wants to say. He has the right to publish anything he wants about himself," Giampietro said. "The idea that you can be sued because perhaps they don't like what you wrote, for whatever reason, is absurd." 

    Lawyers for Mortenson and Penguin Group plan to argue that very point before U.S. District Judge Sam Haddon. They are asking Haddon to dismiss the lawsuit, which seeks triple the amount of total books sales, plus punitive damages. The lawsuit is asking a judge to order that everybody who bought the books be refunded. Whatever money is left over would go to a humanitarian organization selected by the plaintiffs' attorneys and approved by the court 

    That promises to be several million dollars. "Three Cups of Tea" alone sold about 4 million copies. 

    The hearing comes less than two weeks after Mortenson and the Montana attorney general announced a $1 million agreement to settle claims that Mortenson mismanaged the Central Asia Institute and misspent its funds. The agreement removes Mortenson from any financial oversight and overhauls the charity's structure, but it did not address the contents of the books. 

    That's where the civil lawsuit comes in. The four plaintiffs allege that Mortenson, Relin, Penguin, the Central Asia Institute and Mortenson's consulting group, MC Consulting, were involved in a conspiracy to promote and sell the books based on lies. 
    "The enterprise's fraudulent scheme was to make Mortenson into a false hero, to sell books representing to contain true events, when they were false, to defraud millions of unsuspecting purchasers out of the purchase price of the books and to raise millions of dollars in charitable donations for CAI," their lawsuit alleges. 

    The claims cite a laundry list of alleged fabrications. They include Mortenson's recollections about holding Mother Teresa's hand while her body was lying in state in 2000, when Mother Teresa actually died three years earlier. 

    Those and several other alleged fabrications in the lawsuit were first brought to light last year by author Jon Krakauer and a "60 Minutes" story that questioned the truth behind Mortenson's writings and whether he was benefiting from his charity. Those reports prompted the Montana attorney general's investigation and also the civil lawsuit whose original plaintiffs dropped out months ago. 

    One of the lawyers in the case is Larry Drury, who also represented plaintiffs in a class-action lawsuit against James Frey, who admitted on the "Oprah Winfrey Show" that he lied in his memoir "A Million Little Pieces." 

    That lawsuit ended in a settlement that offered refunds to buyers of the book. 

    Drury and fellow plaintiffs' attorney Alexander Blewett say the Mortenson and Frey cases "are stunningly close." 

    Mortenson and Penguin don't argue that the events in the books are true, though the publisher says that nobody can rely on the truth or accuracy of autobiographies because they are based on the authors' own recollections. 

    Both Mortenson and Penguin argue that the plaintiffs can't prove that they were actually injured by anything that was written in the books and that this lawsuit amounts to a threat to free speech. 

    Penguin attorney F. Matthew Ralph says that if a publisher were required to guarantee the truth and accuracy of everything an author says, the costs of publishing books would be prohibitive. 

    "No standards exist for drawing the line where 'fiction' becomes 'nonfiction' or vice versa; and the courts are not a proper place for developing such standards or policing that line," Ralph wrote.

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    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    54 comments

    Is it just me, or are there just way too many people lurking around just itchin' for a chance to sue somebody? And, as a party in the second part, way too many lawyers who just barely passed the bar on their 18th attempt that are just lookin' for that one big case to come along that will be their ve …

    Show more
    Explore related topics: books, lawsuit, court, refund, fabricated, greg-mortenson, three-cups-of-tea

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