Under U.S. law via the Fair Credit Billing Act (FCBA), you can dispute an American Express charge for an online order not received by sending written notice to American Express within 60 days of the date the first statement showing the error was sent. Include copies of documents showing expected and actual delivery dates. Your issuer must acknowledge the dispute in writing within 30 days unless resolved and must resolve it within two billing cycles (not more than 90 days). This covers billing errors for goods or services not received, distinct from merchant refund policies alone. If unresolved, submit a complaint to the CFPB, where companies generally respond within 15 days.
Controlling U.S. Rules for Credit Card Disputes on Non-Received Orders
The FCBA, enforced through FTC guidance, governs credit card billing disputes including charges for items never received. You must notify your issuer in writing within 60 days of the first statement date with the error. Some issuers may extend this period if a shipment is delayed.
The FTC's Mail, Internet, or Telephone Order Merchandise Rule applies to most online orders. Gather evidence such as order confirmations and shipping notices showing expected delivery dates versus what occurred. Issuers must acknowledge disputes in writing within 30 days (unless already resolved) and provide a final resolution within two billing cycles, not exceeding 90 days. These timelines apply to American Express as a credit card issuer under U.S. rules.
FTC guidance on billing errors and non-received goods.
| FCBA Timeline | Requirement |
|---|---|
| Your action | Written dispute within 60 days of first error statement |
| Issuer acknowledgment | Within 30 days (unless resolved) |
| Final resolution | Within two billing cycles (max 90 days) |
| Possible extension | For delayed shipments (issuer discretion) |
What Does Not Control This Dispute
Merchant delivery or refund policies do not override your FCBA billing dispute rights with American Express. Contacting the merchant first may help gather evidence but does not replace the written dispute to your issuer.
This process differs from debit card or EFT disputes, which have separate rules under the Electronic Fund Transfer Act.
Next Steps: How to Dispute with American Express
Send your written dispute promptly to the billing inquiries address on your American Express statement. Include your account number, transaction date and amount, merchant name, a clear explanation that the goods were not received, and supporting evidence like order confirmation, tracking details, and delivery attempt records.
Track your 60-day window and the issuer's 30/90-day obligations. If American Express does not resolve the dispute satisfactorily, submit a complaint to the CFPB online (7-10 minutes) or by phone (25-30 minutes). Companies generally respond within 15 days, and you have 60 days to review and provide feedback on the response.
Evidence Checklist
- Order confirmation with expected delivery date
- Shipping notifications or tracking
- Proof of non-delivery (e.g., merchant emails)
- Bank/AmEx statement showing the charge
- Copies, not originals, of all documents
FAQ
What counts as a "billing error" under FCBA for non-received orders?
FTC guidance defines it as goods or services billed but never received.
Can I dispute verbally first, then in writing?
Call American Express to start the process, but FCBA requires written notice within 60 days.
What if the 60 days pass due to shipping delays?
Some issuers extend the period for delayed shipments, per FTC guidance.
Does this apply only to AmEx or all credit cards?
FCBA covers most U.S. credit cards; American Express follows as issuer.