# Formal Complaint - American Express Canada

**Subject: Formal Complaint - Request for Dispute Exception - $1,409.99 Undelivered Product - Member Since 2006**

Dear American Express Complaints Department,

I have been a loyal American Express business cardholder for 20 years (member since 2006). I am writing regarding my formal complaint and request for an exception to the standard 90-day dispute window for a charge of $1,409.99 for a product that has never been delivered.

I believe the circumstances of this case clearly warrant an exception, as I was acting in good faith throughout, while the merchant has engaged in a documented pattern of billing errors, broken promises, and failure to deliver.

## Why I Could Not Dispute Within 90 Days

I purchased a pre-sale online course on September 2, 2025 for $1,409.99 from Donald Spann (Hybrid Call Center). Because the product was sold as a pre-purchase for a course still in development, and because the merchant repeatedly assured me the course was imminent, I had no basis to dispute the charge during the initial 90-day window. I was waiting in good faith for a product I was explicitly promised would be delivered.

## Timeline of Events

**August 27-31, 2025:** The merchant, Donald Spann, contacted me directly to pitch an online course called "Hybrid Call Center" at a discounted rate of $1,409.99 (described as an "alumni upgrade" from a previous course). He applied sales pressure with a "final reminder" message on August 31.

**September 2, 2025:** I purchased the course for $1,409.99 via the merchant's website (hybridcallcenter.com).

**September 8, 2025:** The merchant admitted to a major billing error, writing: *"We overcharged your card due to the messiest error I've made in my entire career."* My American Express card was charged approximately five additional times in varying amounts. The merchant stated the error affected 12 customers.

**September 10-12, 2025:** The merchant attempted to process refunds for the erroneous charges but encountered issues. He provided screenshots of Stripe refund attempts and stated, *"Your card was removed from the account so this doesn't happen again."* My statement showed $5,387.20 CAD in excess charges from multiple Stripe accounts.

**September 29, 2025:** I followed up regarding outstanding refunds. The merchant responded, *"I totally understand... I'm terribly sorry."*

**October 2, 2025:** The merchant admitted to *"having some issues with Stripe"* and asked for more time. I expressed concern about carrying nearly $7,000 CAD in erroneous charges on my card. The merchant promised, *"If there's any way u end up with that hit I'll cover it anyway."*

**October 14, 2025:** With refunds still unprocessed, the merchant himself instructed me to dispute the excess charges with American Express, writing: *"Dude still nothing on your end? If not, fuck it, dispute them."* I confirmed I had already filed disputes. The duplicate charges were subsequently reversed through American Express. The merchant also admitted to cycling through numerous Stripe payment accounts, stating he was on *"probably Stripe number 28."*

**November 27, 2025:** The merchant posted a public video titled "Exciting Updates and Launch Date for the New Course" (see Exhibit C) in which he stated: *"I finally have like, 100% go live date for the course. And that go live date is gonna be January 1st."* He also acknowledged the extended delay, stating: *"It's been a hell of a wait. You know, I really apologize."* Notably, in this same video, the merchant revealed he was still collecting payments from new customers through informal channels (PayPal and Zelle), stating: *"We've been doing it pretty informally, having people send me money on PayPal or Zell."*

**January 1, 2026:** The promised launch date passed. The course was not delivered.

**January 22, 2026:** I contacted the merchant asking about the course status. He responded that he had been looking for an apartment in Mexico and was *"gonna finish recording in it"* - confirming the course had still not been completed, let alone delivered, nearly five months after my purchase.

**February 22, 2026:** I formally requested a full refund, explaining that cash flow was tight and I could no longer wait for a product with no delivery date. On February 23, the merchant explicitly agreed, responding: **"Hey Mike. Refund is understandable."** He then offered to send the refund directly, stating: *"Oh I can get it to u direct if u can wait a few days."*

**February 27, 2026:** I followed up and suggested PayPal as a refund method. The merchant responded: *"PayPal works but I'm just waiting on a transfer to hit. Sorry here in Mexico I mostly live off credit cards. Can u handle a few more days?"* I agreed.

**March 2026 (present):** The merchant has gone silent. No refund has been received. The course has never been delivered.

## Why This Warrants an Exception to the 90-Day Dispute Window

1. **The 90-day window expired while I was waiting in good faith** for a product the merchant repeatedly promised was coming. As a pre-purchase, the product was not expected to be available at the time of sale.

2. **The merchant himself told me to dispute charges through American Express** (October 14, 2025), demonstrating that American Express was the appropriate channel for resolving billing issues with this merchant.

3. **American Express already processed chargebacks on this merchant's erroneous charges** from the same transaction period (September 2025), establishing a documented record of this merchant's billing misconduct.

4. **The merchant publicly promised a January 1, 2026 delivery date** in a recorded video and failed to deliver.

5. **The merchant explicitly agreed to a refund in writing** on February 23, 2026 and has failed to follow through.

6. **The merchant has demonstrated a pattern of disorganized and potentially deceptive business practices**, including: charging my card multiple times in error, operating through numerous Stripe accounts (self-described as "probably Stripe number 28"), collecting payments informally via PayPal and Zelle, and repeatedly making promises he does not keep.

7. **I have never received the product I paid $1,409.99 for.** The course was never delivered and, based on the merchant's own statements in January 2026, was never even fully recorded.

## Attached Evidence

- **Exhibit A:** Facebook Messenger conversation with Donald Spann (8 screenshots, chronological) showing the complete timeline of promises, billing errors, delivery delays, and the merchant's explicit agreement to issue a refund
- **Exhibit B:** American Express statement showing erroneous charges from September 2025 (if available)
- **Exhibit C:** Loom video by Donald Spann dated November 27, 2025, titled "Exciting Updates and Launch Date for the New Course" - URL: https://www.loom.com/share/c4fbb6106d814b3aa85224b5ecdf9b2d
- **Exhibit D:** Transcript of Loom video confirming January 1, 2026 launch promise and informal payment collection practices

## Resolution Requested

I respectfully request that American Express grant an exception to the 90-day dispute window and reverse the original charge of $1,409.99. I have been a loyal cardholder for 20 years and have always valued the protection and service that comes with my membership. The merchant has had over six months to deliver the product or issue a refund and has done neither.

I trust that American Express will resolve this matter through its internal complaint process. Should this not be possible, I understand I may escalate to the Ombudsman for Banking Services and Investments (OBSI) and the Financial Consumer Agency of Canada (FCAC).

Thank you for your time and attention to this matter.

Sincerely,

Mike Ziarko
Card ending 2006
416-272-6683