AMEX SERVE secction 15D

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Dec 14, 2019
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#1
Last October I received an email from AMEX saying that my account privileges has been suspended for not meet with the terms of section 15D, since then I sent two letters, the last on November 20th, additionally I called about 6 times, In the first calls I didn't receive a specific answer, they told me that they were going to escalate my case to a supervisor and that I have to wait for their answer by mail until today I have never received any reply from them, but in the Last call they told me that they will return all payments to their origins, which I think is out of the law when I mentioned that this is out of the law because there had been many payments they told me that I have to write a letter appealing again the decision, It should be noted that in this account I was receiving payments for low denomination amounts and the products already were delivered to the customers and I have blocked about 2400 $. How is it possible that they can do this? What mechanisms can I use to recover my funds?

Last letter sent:
Dear Customer Service Team:

I am addressing you to ask about the specific reason why you have decided to suspend my account privileges; I am surprised that I made this decision since my account has not violated any of the terms in section 15D. In my account payments are received, and if any transaction has been reported as fraud, I would like to know:
1. If there is the possibility of appealing or defending my position, since I have not done something that is out of the conditions.
2. What are the transactions that have allegedly violated its terms: date, time, amount and user who sent the payment?

On the other hand, I would like to know what will happen to the funds that are in my account, since they have been frozen and I cannot get rid of them.

I hope I can consider my case and can reactivate my account privileges again.

Thank you,
 
May 30, 2019
143
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#2
I don't have any advice, but thought I'd share some detail for those that might have some recommendations.

The text of Section 15d:
https://www.serve.com/legal/AmexServe/#suspension

Online articles about this other cancellations by AMEX related to Section 15d:
From this forum:​

Blogs:​
 
Likes: VoR61

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
20,745
20,324
113
New York
www.promalvacations.com
#3
"It should be noted that in this account I was receiving payments for low denomination amounts and the products already were delivered to the customers and I have blocked about 2400 "

What were you doing with the account receiving low denomination amounts? Was someone else paying down your bill?
 

Carrie Livingston

Moderator
Staff Member
Advocate
Jan 6, 2015
1,348
1,527
113
46
St Louis
#4
Were you selling items and getting paid this way? It is likely that you violated one of their terms of service listed below from link provided by @Skippy earlier.

11. Restricted Activities and Required Licenses.
a. Restricted Activities.
Your Account (including your Reserve), Card, Sub-Account and Sub-Account Card are non-transferable and may be used only by you or an Authorized User as provided in this Agreement. In addition, in using or accessing the Service, the Serve Site, your Account (including your Reserve), your Card, your Sub-Account or Sub-Account Card, you agree that you will not and you will have any Authorized User agree that such Authorized User will not:
(1) Breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us;
(2) Violate any Applicable Law;
(3) Attempt to fund your Account with an ACH that is returned, revoked or otherwise unable to be processed;
(4) Purchase or sell, or facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
(5) Engage in or in furtherance of debt collection activities;
(6) Provide false, inaccurate, or misleading information;
(7) dispute transactions that are made by you or that you otherwise benefit from;
(8) fail to secure your Card
(9) Fund or remit payroll, payroll deposits, wages, other forms of compensation (including incentive payments or bonuses), or any employee benefits;
(10) Provide yourself or Authorized Users a cash advance from your credit card;
(11) Send messages (to us, to your customers or the general public) which would be deemed abusive, harassing, offensive, obscene, racist, libelous, defamatory or threatening in nature or use the Service in connection with goods, materials or services related to such activities and behavior;
(12) Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
(13) Infringe on our or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights;
(14) Use any robot, spider, other automatic device, or manual process to monitor or copy the Serve Site;
(15) Use the Service in a manner that results in or may result in complaints or Disputes;
(16) Use your Account (including your Reserve), Sub-Account or the Service in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law;
(17) Allow your Account or Sub-Account to have a negative balance;
(18) Use the Service for multi-level marketing or multi-level financial programs, including but not limited to, pyramid and matrix programs or Ponzi schemes;
(19) Use the Service to sell, or attempt to sell or otherwise make available any items as may be specified by us from time to time;
(20) Use the Service to sell or distribute mod chips or other devices for circumventing technical protection measures on digital devices (including those for unlocking phones or video game devices);
(21) Obtain amounts that do not represent bona fide sales of goods or services or do not represent bona fide direct sales by you;
(22) Use the Service in connection with financial services banks, credit unions, savings and loan associations, equities (defined as an instrument that signifies an ownership position, or equity, in a corporation, and represents a claim on its proportionate share in the corporation's assets and profits, e.g., stocks, bonds, and securities), unit trusts, mutual funds, foreign exchange, and bureau de change; provided, however, that you may use the Service in connection with financial services related solely and exclusively to taxation, brokerage fees, leasing merchants, mortgage payments, condo down payments and financial advisor fees;
(23) Use the Service to sell future services from merchants that provide investment on future maturity goods/services (greater than four (4) months for delivery) with an intention of gaining return on investment (e.g., wines/spirits or timber investment); provided, however, that you may use the Service in connection with future services related solely and exclusively to travel, membership services (e.g., magazine subscriptions), ticket sales to future events or real estate deposits;
(24) Use the Service in connection with transactions involving wholesale currency (discounted currencies or currency exchanges, etc.), traveler's checks, money orders or check cashing;
(25) Use the Service to sell items that otherwise violate this Agreement; and/or
(26) Use the Service in connection with other activities of which we notify you.
If you breach this Section 11.a or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account (including your Reserve), Sub-Account, Card, Sub-Account Card and/or your access to the Service.
b. Required Licenses.
There may be restrictions on, or licenses required for, the sale or purchase of certain goods and services. For example if you are in the business of purchasing jewels, precious stones and metals, you may be required to have a license to do so. It is your responsibility to ensure that you are properly licensed to sell or purchase the good or service being sold or purchased using the Service and that you comply with any restrictions relating to such sale or purchase.
 

AMA

Verified Member
Dec 11, 2014
1,239
1,669
113
#5
This AmexServe thing is just bad all around. There have been many, many complaints here about the service. I recommend cancelling your AmexServe account and dealing with a regular bank or credit union.
 
Likes: VoR61
Dec 14, 2019
2
0
1
34
#6
Were you selling items and getting paid this way? It is likely that you violated one of their terms of service listed below from link provided by @Skippy earlier.

11. Restricted Activities and Required Licenses.
a. Restricted Activities.
Your Account (including your Reserve), Card, Sub-Account and Sub-Account Card are non-transferable and may be used only by you or an Authorized User as provided in this Agreement. In addition, in using or accessing the Service, the Serve Site, your Account (including your Reserve), your Card, your Sub-Account or Sub-Account Card, you agree that you will not and you will have any Authorized User agree that such Authorized User will not:
(1) Breach this Agreement or any other policy, terms of service, or agreement that you have agreed to with us;
(2) Violate any Applicable Law;
(3) Attempt to fund your Account with an ACH that is returned, revoked or otherwise unable to be processed;
(4) Purchase or sell, or facilitate the purchase or sale of, illegal goods or services (including, but not limited to: unlawful sexually oriented materials or services and counterfeit products), unlawful gambling activities, fraud, money laundering, the funding of terrorist organizations, or the unlawful purchase or sale of tobacco, firearms, prescription drugs, or other controlled substances;
(5) Engage in or in furtherance of debt collection activities;
(6) Provide false, inaccurate, or misleading information;
(7) dispute transactions that are made by you or that you otherwise benefit from;
(8) fail to secure your Card
(9) Fund or remit payroll, payroll deposits, wages, other forms of compensation (including incentive payments or bonuses), or any employee benefits;
(10) Provide yourself or Authorized Users a cash advance from your credit card;
(11) Send messages (to us, to your customers or the general public) which would be deemed abusive, harassing, offensive, obscene, racist, libelous, defamatory or threatening in nature or use the Service in connection with goods, materials or services related to such activities and behavior;
(12) Unless permitted under Applicable Law, refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
(13) Infringe on our or any third party's copyright, patent, trademark, trade secret, or other intellectual property rights;
(14) Use any robot, spider, other automatic device, or manual process to monitor or copy the Serve Site;
(15) Use the Service in a manner that results in or may result in complaints or Disputes;
(16) Use your Account (including your Reserve), Sub-Account or the Service in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, National Automated Clearinghouse Association rules or Applicable Law;
(17) Allow your Account or Sub-Account to have a negative balance;
(18) Use the Service for multi-level marketing or multi-level financial programs, including but not limited to, pyramid and matrix programs or Ponzi schemes;
(19) Use the Service to sell, or attempt to sell or otherwise make available any items as may be specified by us from time to time;
(20) Use the Service to sell or distribute mod chips or other devices for circumventing technical protection measures on digital devices (including those for unlocking phones or video game devices);
(21) Obtain amounts that do not represent bona fide sales of goods or services or do not represent bona fide direct sales by you;
(22) Use the Service in connection with financial services banks, credit unions, savings and loan associations, equities (defined as an instrument that signifies an ownership position, or equity, in a corporation, and represents a claim on its proportionate share in the corporation's assets and profits, e.g., stocks, bonds, and securities), unit trusts, mutual funds, foreign exchange, and bureau de change; provided, however, that you may use the Service in connection with financial services related solely and exclusively to taxation, brokerage fees, leasing merchants, mortgage payments, condo down payments and financial advisor fees;
(23) Use the Service to sell future services from merchants that provide investment on future maturity goods/services (greater than four (4) months for delivery) with an intention of gaining return on investment (e.g., wines/spirits or timber investment); provided, however, that you may use the Service in connection with future services related solely and exclusively to travel, membership services (e.g., magazine subscriptions), ticket sales to future events or real estate deposits;
(24) Use the Service in connection with transactions involving wholesale currency (discounted currencies or currency exchanges, etc.), traveler's checks, money orders or check cashing;
(25) Use the Service to sell items that otherwise violate this Agreement; and/or
(26) Use the Service in connection with other activities of which we notify you.
If you breach this Section 11.a or permit others to do so or conduct (or attempt to conduct) any transactions that we believe are not permitted by this Agreement (such as one of the activities set forth above) or Applicable Law, we may, at our sole discretion and without waiving any of our rights, freeze, close, cancel, suspend, or limit your use of your Account (including your Reserve), Sub-Account, Card, Sub-Account Card and/or your access to the Service.
b. Required Licenses.
There may be restrictions on, or licenses required for, the sale or purchase of certain goods and services. For example if you are in the business of purchasing jewels, precious stones and metals, you may be required to have a license to do so. It is your responsibility to ensure that you are properly licensed to sell or purchase the good or service being sold or purchased using the Service and that you comply with any restrictions relating to such sale or purchase.

Thanks for the reply, I sold btc in localbitcoins.. I will check the links of @Skippy