In MrConsumer’s American Express Optima bill for February, buried on page seven of a 10 page statement, was a “Notice of Changes to Your Account“. The changes were precipitated by “the challenging environment and the increasing costs of doing business”, the company said. Whenever a credit card company uses the word “changes”, it is a not good thing for customers. It usually means higher prices or lowered benefits.

Typical of most credit card issuers, they give you the new language, but generally don’t explain how the terms are different from before. So, unless you have the cardholder agreement that you received when your card was first issued, you may have no idea how exactly you are being screwed affected.

Besides presumably cutting back on their luggage and travel insurance benefits and raising finance charges for some cardholders, the notice contained an interesting section about telephone communications which is replacing the old one. To see just how it changed, I tried to find my original cardmember agreement, but was unable to. I checked AMEX’s website, and it was not there either. I called an AMEX representative and asked for a copy to be emailed, but alas, they can only do snail mail which will take seven to 10 business days. I also asked him to read a certain portion of it to me. He could not. They don’t even give their own representatives access to the contract that governs the card.

The change I was trying to find out about concerned a deletion of the old “Telephone Communications” section of the agreement, which presumably only said that you agree that they can record telephone conversations you have with them. Here is the substitute language:

*MOUSE PRINT:

“You agree that from time to time we may monitor and/or record telephone calls between you (or Additional Cardmembers on your Account) and us to assure the quality of our customer service or as required by applicable law. You authorize us to call or send a text message to you at any number you give us or from which you call us, including mobile phones. You authorize us to make such calls using automatic telephone dialing systems for any lawful purpose, including but not limited to: suspected fraud or identity theft; account transactions or servicing; offers of American Express products and services; and collecting on your account. You authorize us to place prerecorded calls in connection with the status of your account, or security and identity theft matters. You agree to pay any fees or charges you incur for incoming calls or text messages from us without reimbursement.”

Translation: If you ever gave AMEX your cellphone number or called them from it, you are permitting them to call you or text you on your cellphone, with among other things, advertising messages.  And you have to pay the cellphone charges that those calls and texts may incur.

By notifying you of the changed language and coupling that with your pre-agreement to allow AMEX to change their contract with you at anytime, AMEX could easily assert that any laws that may require you to give permission (“express consent”) to receive unsolicited promotional calls on your cellphone have been complied with. One would hope that a court would never let your silence constitute consent in the situation described. [ See basic rules about calling and texting to cellphones. ]

Now back to that conversation with AMEX’s customer service representative.  At the end of the call (in which I had never mentioned the specific subject matter in the agreement that I was interested in), he asked if he could update my account with … my cell number!  “Like hell,” I said.  “I just read the new rules that by giving you that number you can spam me and run up my cell bill.”

Update: American Express has responded to this issue:

We want to point out that Cardmembers do have some choices about receiving communication from American Express:

If a Cardmember doesn’t want to receive marketing offers, including offers via land or cell phones, they can select not to receive them by logging onto americanexpress.com/communications and we won’t contact them with any offers. Of course, we will contact Cardmembers for service related issues, for example if we detect fraud.

We don’t send marketing or promotional offers via text message unless a Cardmember enrolls to receive offers. While we may text a Cardmember for servicing related issues, within the text message Cardmembers are given the option to unsubscribe. — Vice President, Public Affairs

The best bargain shopping day of the year is Friday after Thanksgiving, and retailers are going to try to entice you to shop at their store with doorbusters that they hope will make you drool.

What they hope you don’t notice is the fine print in their Black Friday ads.

Circuit City has this advisory:

*MOUSE PRINT:

Minimum one?  I guess when you are in bankruptcy you can’t count on suppliers to fulfill orders for advertised items when the retailer already owes them a ton of money. While it is typical that quantities are limited on Black Friday items, a minimum of one is a rarity.

The lesson here for shoppers: you better be there before the doors open if you want one of Circuit City’s doorbusters (or for that matter, anyone’s doorbusters).

Not to be outdone, Best Buy has their own little bit of bad news tucked away in a footnote.

*MOUSE PRINT:

So, if you thought you were smart and bought a Black Friday sale item in advance at a higher price thinking you could go back on Friday to get the difference under their price guarantee, forget it.  Nor can you sleep late, and think you can just prance into Best Buy with a competitor’s ad and get them to match the price.

Lastly, Wal-mart has a pseudo-apology in their fine print:

*MOUSE PRINT:

“We apologize for, but will not be bound by, any errors in our advertisements.”

If Wal-mart is not responsible for their errors, who is?  The customer?

For all Black Friday shopping, avoid disappointment, maybe, by checking the websites of various etailers on Thanksgiving Day and early morning on Friday, to see if the deal you want is orderable online.  That way, you may be able to get the item you want and avoid the crowds.

Costco Wholesale has long been known for its ultra liberal return policy — return anything at anytime. It did, however, tighten the policy for certain electronics a year ago limiting returns to 90 days. With such a long policy in place, it occurred to someone at the company to ask the question of what happens if a consumer receives a rebate on an item and then the item is returned.

As a result, tucked away on its website, they address the issue:

How to reimburse the manufacturer for the rebate?  Yep. When have you ever seen instructions for doing that before? 

If you “click here“, they tell you how to do it:

*MOUSE PRINT:

If you received a Mail-in Rebate check and since have returned the item and would like to reimburse the vendor,  you may either:

• Forward your rebate check (DO NOT void rebate check) to Costco Wholesale
• Forward a check made payable to Costco Wholesale for the rebate amount

Of course, Costco is absolutely right suggesting that such a rebate is unearned and should be returned to the party who paid it. How many consumers, though honest in most respects, would actually do this is the real question?

Tweeter, which is an electronics store specializing in home theaters and TVs, has started advertising what appears to be a remarkable offer: Spend $999.99 or more at the store, and get $500 in free gas.

This promotion appears on the front of their September catalog, and on their homepage. You need to follow the asterisk to page 32 of the catalog, or inside the website to find out the details.

*MOUSE PRINT:

Translation: You have to buy $2000 worth of gasoline over a 20 month period, in increments of $100 per month, in order to receive a monthly giftcard worth $25.

There are even more details spelled out here, including the fact that you must select the brand of gas you will buy in advance for the entire 20 month period. In addition, not mentioned is the fact that in months when you redeem the $25 giftcard, you actually have to buy $125 worth of gas to qualify for that month.

If the company wanted to be straight forward about the offer, and not bury an important detail in the fine print, the ad should have looked like this:

Similar promotions promising $500 of free gas based on the freebeegas.com program are also popping up at furniture stores (Jennifer Convertibles) and banks.

Thanks to David B. for submitting this example of mouse print.

Consumers are used to seeing offers of a number of free or discounted months of service when they switch cable companies. So it is not unusual that Dish Network, a satellite television provider, is offering three free months of service as an inducement to choose their company.

In the graphic, there is some virtually unreadable type.

*MOUSE PRINT: It says “with 24 month commitment”. Okay, so the company requires a two year contract, which certainly is uncommon in the conventional cable television industry. It sounds more like a cell contract than a cable TV contract, but if that is the way they choose to operate, that is their decision.

Only when you dig deeper into their website, however, do you learn the additional terms of the three months free offer.

*MOUSE PRINT:

So if you assumed your first three months of service would be free, you assumed wrong. The free months are spread throughout your two year contract.

Elsewhere on the website you will learn there are a dizzing number of options and additional fees, so it is difficult to tell how much your bill will really total on a monthly basis. But, in a rare demonstration of the company’s ability to be candid when it chooses to, they provide a sample bill  which indicates you will be charged for two months of service on your first bill, not just one (and a variety of other oddball fees, as one commenter notes below).

Thanks to Mouse Print* reader Rob for pointing out the unusual staggering of the free months bonus. If you find examples of surprising fine print, please send them along to edgar(at symbol)mouseprint.org .