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Salesforce, a Pillow Maker and a $125k AmEx Bill

itwbennett writes "Salesforce.com, pillow manufacturer My Pillow, and an employee of My Pillow are caught up in a complex three-way legal battle. At issue is an allegedly failed software implementation and a $125,000 charge on a personal card. In short, there was an aggressive go-live date, a demand for immediate payment, and a system that was ultimately 'not functional'. Now, AmEx won't remove the charge, Salesforce.com is suing My Pillow for breach of contract and wants $550,000 in damages, My Pillow denies it owes anyone anything and is seeking unspecified damages from Salesforce.com, and the employee with the big bill wants his account credited. Still unclear is why My Pillow had no choice but to use the employee's personal credit card — and why the employee was naive enough to hand it over."

162 of 228 comments (clear)

  1. What? by ArchieBunker · · Score: 5, Funny

    Clearly news for nerds, a boring legal battle in a slightly incomprehensible summary.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:What? by Lunix+Nutcase · · Score: 5, Funny

      This story sponsored by: Dice.com

    2. Re:What? by GodfatherofSoul · · Score: 1

      Summary says "complex 3-way legal battle" so expect the summary to gloss over the details.

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    3. Re:What? by wonkey_monkey · · Score: 1

      It wouldn't seem complex if someone had bothered to write a comprehensible summary, instead of chucking together a few sentence fragments with no attempt to link them into a cohesive description of the dispute.

      --
      systemd is Roko's Basilisk.
    4. Re:What? by gl4ss · · Score: 5, Informative

      it's a threeway bullshit throwing battle.

      salesforce.com selling the work of some 3rd party consultant to the client for sum X and day Y, just shoveling bullshit for money. said consultant(or company or whatever, some entity) then delivered the thing late and held the project hostage until got payment roughly doubly the original estimate, said product wasn't "ready". the company buying the service actually paying that is the amazing part but not so amazing after you hear what the product was for: tracking effectiveness of every single 15-30sec tv advertisement, so their product request was bullshit as well.

      but why would someone spot their company 125k of cash on a credit card? why is salesforce asking 550k for breach of contract when they didn't deliver? how come the pillow company is saying that their advertisement campaign failed because they lacked tracking? did their sales go up or not? how the fuck is salesforce getting away with saying to amex that a contract they have with my pillow allows them to charge a card they already refunded once and a card that's not my pillows card? why didn't he just cancel said card?

      the only thing to take home from it is that you shouldn't do business with any of these companies. oh, and never ever loan your employer money.

      --
      world was created 5 seconds before this post as it is.
    5. Re:What? by Anonymous Coward · · Score: 5, Funny

      "it's a threeway bullshit throwing battle."

      Well, technically it's a pillow fight.

    6. Re:What? by MightyMartian · · Score: 1

      I think a car analogy is in order.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    7. Re:What? by peragrin · · Score: 1

      you can loan your company money, just get the deal in writing with interest rates clearly stated.

      --
      i thought once I was found, but it was only a dream.
    8. Re:What? by Bigby · · Score: 5, Informative

      The summary was beyond awful. I actually had to read the article to figure this out:

      My Pillow - A company that makes pillows
      Salesforce.com - A company that makes software
      Personal Credit Card - A My Pillow employee's credit card

      My Pillow spent $60k-70k to have software delivered by June 1. It didn't make the date and Salesforce.com said they would have it done by Aug 1 for $125k. Salesforce.com didn't take checks so apparently credit card was the only/best option at the time.

      Salesforce.com delivered a product on Aug 1. My Pillow says it wasn't done. That's the dispute. Salesforce.com still charged $125k, but they want $550k more for some reason??? One of the many things not addressed in the article is the contract between Salesforce.com and My Pillow on what Salesforce.com has to deliver. Why did My Pillow think it wasn't complete? If those requirements were outlined in the contract, then Salesforce.com is at fault. Who cares what AMEX will or will not refund. Salesforce.com would be in breach of contract...and I think that is case here, unless My Pillow is stupid and didn't put specifics in the contract.

    9. Re:What? by Bigby · · Score: 1

      I want to add that it isn't complex. It sounds like basic contract law. The AMEX part has nothing to do with the real issue. They would be in the same situation no matter how they paid.

    10. Re:What? by EvilSS · · Score: 2

      "tracking effectiveness of every single 15-30sec tv advertisement, so their product request was bullshit as well."

      The request wasn't bullshit, but going to Salesforce for this is. There are media and marketing companies that can do this for you (Neilsen for one, but there are other, lower tier companies that can as well), and it doesn't require some custom solution to do it. It's like having a ceramics factory built because you need some new toilets.

      --
      I browse on +1 so AC's need not respond, I won't see it.
    11. Re:What? by OakDragon · · Score: 3, Funny

      I'm hoping for hot 3-way legal action!

    12. Re:What? by Qzukk · · Score: 1

      did their sales go up or not?

      How the hell would they know? The thing they paid for to tell them didn't work!

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
    13. Re:What? by Anonymous Coward · · Score: 5, Funny

      I'm hoping for hot 3-way BARELY-legal action!

      FTFY

    14. Re:What? by mythosaz · · Score: 4, Funny

      We have a simple term to describe "barely legal":

      Legal.

    15. Re:What? by ChrisMaple · · Score: 1

      Charge cards insist that you pay off the entire balance on every bill (although they may bend in emergencies). Credit cards allow you to carry a balance.

      --
      Contribute to civilization: ari.aynrand.org/donate
    16. Re:What? by Trax3001BBS · · Score: 1

      I read and reread the article then decided I'd read the replies to the summary to see what it was all about; Nerds have a way.

      It wouldn't seem complex if someone had bothered to write a comprehensible summary, instead of chucking together a few sentence fragments with no attempt to link them into a cohesive description of the dispute.

      This is the way I read as well; but it's not the posters fault, the article itself is confusing as hell;
      It was the next to the last line that threw me: MyPillow made (apparently) ~$147 million off of the infomerical.

    17. Re: What? by Anonymous Coward · · Score: 1

      I have both a charge card and a credit card from AmEx.

    18. Re:What? by sphealey · · Score: 3, Informative

      = = = but why would someone spot their company 125k of cash on a credit card? = = =

      For any corporate account small that GiganticCo, when you as an employee accept an Amex corporate card it has your name on it and you agree to be liable to Amex for all charges on the card, whether or not your employer pays through their direct-bill account. If the employee was direct to use his "corporate account" card as a p-card to pay for a major purchase, and his employer then failed to pay the invoice, well, he'd be in a heap-o-trouble.

      sPh

    19. Re:What? by superdave80 · · Score: 1

      Then how come my Amex statement clearly shows a minimum payment of $35?

    20. Re:What? by BitZtream · · Score: 5, Insightful

      This sort of contract dispute is something I deal with daily. Not in that I deal with disputes, but I'm continually trying to teach my management how to write a contract that is actually enforcable.

      IF (big if) the contract is worded as "tracking effectiveness of every single 15-30sec tv advertisement" then both sides failed.

      That sort of statement is why this situations happen. MyPillow.com told salesforce.com thats what they wanted. Salesforce says 'okay' because they can do that. MyPillow.com sees the final results and then only at the moment do both of them start to realize that they have TOTALLY AND COMPLETELY DIFFERENT ideas about what that statement actually means.

      Then you end up in court while a judge sits there and thinks 'both of you are fucking idiots for being so vague' then eventually figures out which one of them is the bigger douche and makes a decision.

      Theoretical Example:

      MyPillow.com was expecting to know exactly how many sales came from each advertisement right down to which ad made which person (by name) buy a pillow from them. This is certainly doable from a technical stand point.

      Salesforce.com was thinking that an average based on industry standard formula that they've been using for years based on Neilson ratings was what MyPillow.com was expecting, as it is technically correct as well.

      When salesforce gives mypillow some aggregate averaged/projected data, and not a break down of customer names related to commercial airings ... then shit starts to hit the fan and both sides start talking about not paying. Neither side was technically 'wrong', but both of them clearly didn't do their due diligence did they? In this particular scenario, Salesforce would likely win as well because it DOES meet that CONTRACT REQUIREMENTS to the letter, unless the judge decides that salesforce, having done this many times before, should have known better and in their roles as consultants they were legally obligated to inform them of the potential confusion, so maybe not!

      You can rest assured that the contract's specifications are so vague that this cause is not going to be an overnight thing.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
    21. Re:What? by SeaFox · · Score: 2

      There'll be plenty of pillow talk, that's for sure.

    22. Re:What? by stephanruby · · Score: 1, Interesting

      The Amex charge was refunded to the employee. Nowhere does it say in the article that he was charged a second time (since the second time, an actual invoice was sent to the company).

      The Amex charge is currently irrelevant in this case. It was only mentioned in the headline by IT World for click-baiting purposes. And when the Dice moderator saw the click-baiting going on, he/she just couldn't resist doing the same thing on Slashdot.

      Click-baiting is essentially the real story here.

    23. Re:What? by whoever57 · · Score: 3, Funny

      The Amex charge was refunded to the employee. Nowhere does it say in the article that he was charged a second time (since the second time, an actual invoice was sent to the company).

      Apparently you suck at reading the second page of articles:

      Furlong's card was subsequently re-charged for the $125,000 but this time American Express refused to credit his account, saying that Salesforce.com had provided "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed," according to his suit.

      --
      The real "Libtards" are the Libertarians!
    24. Re:What? by whoever57 · · Score: 2

      Because AMEX issues both Credit cards and Charge cards these days (and GGP was wrong to assert that AMEX issues charge cards when it issues both). You clearly have one of the former.

      --
      The real "Libtards" are the Libertarians!
    25. Re:What? by whoever57 · · Score: 1

      Either MyPillow.com was stupid, or the money was insignificant to them, else why pay $125k up front in order to get a supplier to deliver when they had already failed to deliver on time?

      --
      The real "Libtards" are the Libertarians!
    26. Re:What? by bloodhawk · · Score: 1

      That is not Amex's problem, that is the employees fault for letting their employer use his personal card and then subsequently being fucked in the arse by his employer. No matter how the dispute goes the employer is responsible for repaying the employee unless the employee made the payment without authorisation. The dispute after that is between saleforce and Mr pillow.

    27. Re:What? by Intrepid+imaginaut · · Score: 1

      I actually had to read the article to figure this out:

      I feel your pain, brother.

    28. Re:What? by flimflammer · · Score: 1

      Yikes, that's quite the accusatory statement for someone who apparently couldn't be bothered to read the article all the way through.

    29. Re:What? by Anonymous Coward · · Score: 1

      Thanks for decoding the summary for us. Some of these recent ones almost made more sense when they were in ROT-13.

    30. Re:What? by stephanruby · · Score: 4, Informative

      Yes, my bad. I do suck in this case.

    31. Re:What? by alanshot · · Score: 1

      Well, technically it's a pillow fight.

      *golf clap*

    32. Re:What? by Miamicanes · · Score: 5, Informative

      The real story here is that American Express, unlike Visa and Mastercard, rarely -- if ever -- sides with a cardholder over a merchant, even in situations where it's blatantly obvious that a charge is wrong. It's how they're able to get merchants to accept higher swipe fees and transaction charges.

      For the most part, if a cardholder files a chargeback with Mastercard or Visa that looks even slightly reasonable, they'll freeze the funds from the merchant account within a matter of minutes. They might not issue the refund to the cardholder immediately while they're investigating if there's a dispute, but the burden at that point is overwhelmingly on the merchant to prove the charge was legitimate and correct. And if there's still any doubt, Mastercard or Visa will issue the refund, furnish documentation to the merchant, and tell them to sue you in small claims court if they think payment is owed.

      In stark contrast, American Express will demand copies of the receipt from YOU (the customer), demand nothing from the merchant until they're 100% satisfied, and will still probably side with the merchant absent overwhelming evidence to the contrary.

      In my life, I've had two chargeback disputes with Amex... and lost both. One was careless stupidity on my part (though still blatantly wrong), the other was Amex showing just how anti-cardholder they really are.

      The first time it happened (circa 2000), the clerk accidentally hit '0' twice when entering the amount into the credit card terminal, and turned my $13.90 purchase into a $139.00 purchase. I had a receipt showing that the price was ~$13.25 with ~$0.65 in sales tax, but because I didn't notice until a month later & signed the receipt, Amex refused to budge. When I challenged American Express to have the merchant produce anything resembling an itemized receipt showing PRECISELY $139.00 in purchases with a timestamp within an hour of my alleged $139.00 purchase, they refused. As far as they were concerned, all that mattered was the 2x4 inch nearly-illegible receipt printed by the credit card terminal with something that resembled a blue smudge of a signature on it that I admitted to having (in addition to the itemized receipt for 1/10 the amount). I cancelled my card over it in rage, and refused to do business with them for about 10 years.

      Fast forward a decade. My employer required me to get an Amex corporate card as a condition of getting reimbursed on business trips. One morning, the cashier at a Waffle House ran the card through, then somehow screwed up the machine between the moment the charge went through and the moment the printer produced the receipt. She insisted that the charge didn't go through. I argued with her for 3 minutes (I heard the printer start, before the power cord short or whatever rebooted it), then gave in because I didn't have much of a choice. Sure enough, I got charged twice, about 3 minutes apart, for the same amount. This time, I was sure Amex would take my side, because the restaurant obviously didn't have a signed receipt from me for the first one, and there was no sane reason why somebody would have two ~$6.00 charges approximately 3 minutes apart. Goddamn if they didn't do it to me again, and refused to reverse the first charge. Their official excuse? I didn't have an unsigned copy of the first receipt. What. The. FUCK. That really, REALLY pissed me off. Yeah, my boss signed off on the override and told me it wasn't worth fighting with them over $6, but it was the moral principle of it.

      So, if you're an AMEX cardholder, be warned: if anything goes wrong, American Express WILL NOT take your side. In fact, they won't necessarily even lift a finger to make the merchant defend the charge. They'll press YOU for receipts, and will disqualify your chargeback on the slightest technicality, but will let the merchant get away with almost anything short of blatant, systematic intentional fraud.

    33. Re:What? by Miamicanes · · Score: 2

      A *lot* of Worldcom employees got burned by that seeming technicality. They made business trips during the company's final days with their Worldcom Amex card, then when the company declared bankruptcy, all reimbursements were frozen, and there were rumors that employees might even have to pay back expenses that were previously reimbursed over the previous 5 months.

      In the end, the court had mercy on the non-executive employees who were at risk of getting laid off with an unreimbursed $5-10k Amex bill to boot, but American Express made their lives absolutely *miserable* for months while the auditors scrutinized the bills to make sure the charges weren't "excessive" (and thus excluded from reimbursement) unless they had the cash to pay their bills out of pocket while waiting to get their expenses approved.

    34. Re:What? by Miamicanes · · Score: 2

      ^^^ The problem is, you really don't have any choice in the matter. Most MegaHuge Corporations won't reimburse you for purchases not made with the official corporate card, so if that card is Amex, they can pretty much rape your ass any way they feel like doing, and you really don't have any choice in the matter besides quitting your job or getting fired for being unable to travel and refusing to cooperate.

      In a way, it's even worse than the usual form of corporate serfdom, because you can be required to run up literally thousands of dollars in travel expenses as a condition of remaining employed, but your employer can then turn around, declare bankruptcy without warning, and leave you personally on the hook for more money than you actually earned in salary going all the way back to day one. The media loves to talk about executives making $20,000 day trips by private jet to have a staff meeting at a vineyard in Napa... it never talks about staff members who were ordered to run up $2,000 in last-minute travel expenses the day before a mandatory "all hands" meeting on the other side of the country where they were told that they're getting laid off, and the company's lawyer is filing for bankruptcy at that very minute. It happens. (textbook example: Worldcom)

    35. Re:What? by davester666 · · Score: 2

      It was accepted because the summary used the phrase "three-way".

      --
      Sleep your way to a whiter smile...date a dentist!
    36. Re:What? by gauauu · · Score: 1

      Bah, commenting to reverse an accidental down mod. Thanks for sharing your experience.

    37. Re:What? by kimvette · · Score: 3, Informative

      My AmEx experience has been the opposite.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
    38. Re:What? by Jarik+C-Bol · · Score: 3, Funny

      The trick I found always works is to go look in the warehouse. If there was 'a whole lot of pillows', and now there is only 'sort of a lot', or maybe even 'only a few' then your sales went up. If on the other hand, there is 'just heaps of pillows everywhere' It means your customers are returning your product faster than you are shipping them out, and your business is about to fail, because seriously, who buys a pillow from a half hour infomercial? I'm saving my money for the Ginsu knife!

      --
      I've decided to Diversify my Holdings. I've divided my cash between my left and right pockets, instead of all in one.
    39. Re:What? by Anonymous Coward · · Score: 1

      Yeah, I read that summary three times and I still didn't know who's card was charged.

    40. Re:What? by GNious · · Score: 2

      Dacia

      (Yes, that IS a perfectly valid car analogy)

    41. Re:What? by sodul · · Score: 2

      Same here. I use my Amex as much as possible and got return protection, damage protection and free extended warrantee to kick in more than once. In the past 3 years I got credited over $1000 back with very little hassle.

    42. Re:What? by pdmclach · · Score: 3, Informative

      I've had fraudulent charges refunded (each over $1000) for Amex and Visa. Amex was far, far easier and less stressful to deal with.

    43. Re:What? by dreamchaser · · Score: 1

      These days it's a credit card or a charge card. It stopped being a just charge card years ago.

    44. Re:What? by Karl+Cocknozzle · · Score: 1

      In the end, the court had mercy on the non-executive employees who were at risk of getting laid off with an unreimbursed $5-10k Amex bill to boot, but American Express made their lives absolutely *miserable* for months while the auditors scrutinized the bills to make sure the charges weren't "excessive" (and thus excluded from reimbursement) unless they had the cash to pay their bills out of pocket while waiting to get their expenses approved.

      I've had companies tell me they want me to carry a "personal responsibility" corporate card for business expenses, and my answer is always a flat "No." They've asked me to put business expenses on my personal card and here, again, the answer is, always, a flat "No." They can issue me corporate responsibility AmEx if they need me to pay business expenses directly, and I'll be happy to itemize the bill for them, but I won't sign against my own personal credit and then wait until some minor Grade 38 Bureaucrat wants to have an argument about the fact that I tipped $3 on a $18 cab ride, and holds up paying my entire expense report over it.

      If they won't give me a card they're responsible for? Then too bad: Somebody else can make the trip, or my boss can come with and charge all my expenses on his card.

      --
      Who did what now?
    45. Re:What? by nanoflower · · Score: 2

      That isn't what they are looking for. What I believe they want to know is does this particular ad on this show at this time generate more orders than running the ad on another show at a different time. So they need to know when ads are running and how many orders come in after that ad (say for the next 30 minutes) or maybe they have different phone numbers for different ads. I recall hearing about some company that focused on doing those cheap products sold in the TV ads. They had software that tracked all of that information so they could easily tell which ads during which time slots were leading to more ads in different markets. So they can focus their advertising budget on the ads/channels/time slots/markets that generate the most return.

    46. Re:What? by geoskd · · Score: 3, Informative

      ^^^ The problem is, you really don't have any choice in the matter. Most MegaHuge Corporations won't reimburse you for purchases not made with the official corporate card, so if that card is Amex, they can pretty much rape your ass any way they feel like doing, and you really don't have any choice in the matter besides quitting your job or getting fired for being unable to travel and refusing to cooperate.

      You do in fact have a choice in the matter. You simply refuse to make the purchase at all. I had an issue with this with my employer. I was stupid enough to get one of the amex corporate cards, and after the company failed to pay the expense account for 6 months, I cancelled the card. The next time they wanted me to go on a business trip, I told them they needed to issue me a card, my boss hit the wall about why I didn't have an amex. When I explained it to him, he fired me on the spot. I went down to HR and explained the problem, and the HR manager and I all went back to my boss and HR explained to him that if he did insist on firing me, and that I decided to fight it, the company would be opened up to a potentially costly wrongful termination lawsuit. End of the story; I was issued a corporate amex that did *not* have my name on it. I still had to submit expense accounting with receipts, but if the company failed to pay the bill, it was no longer my problem. My former boss did eventually get the company sued for wrongful termination (he loved firing people), and the company decided it was time to let him go. The moral of the story, is never mix your personal assets and company assets. Put your foot down and make them understand its not acceptable. The whole thing is like getting romantically involved with someone you meet while working. It never ends well, and for mostly the same reasons.

      --
      I wish I had a good sig, but all the good ones are copyrighted
    47. Re:What? by cdrudge · · Score: 1

      In this case though, barely is used as a adverb to quantify the adjective legal. If we use your simple term of just legal to describe the "barely legal 3-way action", then does the action describe three 18 year, 1 day old performers? Or three 100 year old performers? While there may be a market for either category, I'm guessing that the former is considerably larger than the latter.

    48. Re:What? by KZigurs · · Score: 1

      That's interesting. I'm not sure which one I'd prefer to represent me in a court - three 18year olds or three old senile geezers.

    49. Re:What? by umrguy76 · · Score: 1

      My experience both as a small business owner (corporate gold card) and as a regular joe (amex blue) is the opposite of this. My wife and I have been American Express cardholders for many years and are very satisfied. YMMV

    50. Re:What? by cduffy · · Score: 1

      Mind if I ask the jurisdiction where this happened? (I'm currently in a right-to-work state).

    51. Re:What? by RubberDogBone · · Score: 1

      This.

      For a pillow fight, this one needs more coeds in lingerie.

      MyPillow was naive for expecting some product that didn't exist and hadn't been tested to deliver advertising effectiveness rates, or whatever. This is holy grail stuff of advertising wet dreams. IF this could be done so easily that a small company could just sort of order it up like dinner, then the big ad agencies with deep pockets would be doing it. In which case MyPillow should, um, hire an ad agency to tell them this stuff. Believe me, they will work for money. Amazing how that works.

      OR you hire the TV infomercial people. Many of them have very good sales metric tracking. They know what sells, which channels, when, to whom, etc. Call Sully Sullivan.

      These pillow people are also naive for going to a huge complex company like Salesforce with apparently not clue one about what they were getting into. You don't walk up to a company like Salesforce or SAP or IBM or Northrup Grumman or Oracle or Xerox or whatever with a checkbook and a wish list and ask them to sell you something. The salesperson will love it and will sign you up for it, of course. Alligators love raw meat. They'll eat as much of it as you've got, and then eat you too. Big consulting companies are the same except they want cash. It's not what you want to pay; it's what can you pay. Never walk up to a man or woman who bills for a living and tell them to send you a bill.

      And involving AMEX is profoundly stupid. That company is like a focal point for idiotic member spending and they are used to idiots overspending and refusing to pay so there's nothing they haven't seen before. They will play hard ball to collect. AMEX is a great product but it's a lot like a gun: when used properly and carefully and respectfully, it is safe. When used carelessly and stupidly, it will bite you, blow off your foot and make you hurt in ways you didn't know you could hurt. And then you get to meet Junebug and Bubba and see how lonely they are.

      Combine all of this and wow what fun!

      --
      Sig for hire.
    52. Re:What? by geoskd · · Score: 1

      Mind if I ask the jurisdiction where this happened? (I'm currently in a right-to-work state).

      New York State, Capital Region.

      --
      I wish I had a good sig, but all the good ones are copyrighted
    53. Re:What? by lsatenstein · · Score: 1

      it's a threeway bullshit throwing battle.

      salesforce.com selling the work of some 3rd party consultant to the client for sum X and day Y, just shoveling bullshit for money. said consultant(or company or whatever, some entity) then delivered the thing late and held the project hostage until got payment roughly doubly the original estimate, said product wasn't "ready". the company buying the service actually paying that is the amazing part but not so amazing after you hear what the product was for: tracking effectiveness of every single 15-30sec tv advertisement, so their product request was bullshit as well.

      but why would someone spot their company 125k of cash on a credit card? why is salesforce asking 550k for breach of contract when they didn't deliver? how come the pillow company is saying that their advertisement campaign failed because they lacked tracking? did their sales go up or not? how the fuck is salesforce getting away with saying to amex that a contract they have with my pillow allows them to charge a card they already refunded once and a card that's not my pillows card? why didn't he just cancel said card?

      the only thing to take home from it is that you shouldn't do business with any of these companies. oh, and never ever loan your employer money.

      ===
      Having been in business a long time, I can surmise that the pillow company was under funded, and really, could not get funds from venture capitalists.
      So he used the employee as banker. This is what I conjecture / allege.
      The employee, believing in the product, used his card to finance the venture.
      The salesforce.com people may have had no ERP experience, and the pillow company none either, and being underfunded, they did not hire a project manager, or write a good contract. The pillow company may have been trusting that he was getting a complete system, with tracking, reporting, finance, marking support and SEO. Who knows.

      Who provided the project management, and who signed off that the software was functioning?

      --
      Leslie Satenstein Montreal Quebec Canada
    54. Re:What? by gmhowell · · Score: 1

      Yes, my bad. I do suck in this case.

      But so does Soulskill, and he's being paid.

      --
      Jesus was all right but his disciples were thick and ordinary. -John Lennon
    55. Re:What? by heson · · Score: 1

      So that they can ask you for late fee if you miss a payment, instead of just adding interest.

    56. Re:What? by cduffy · · Score: 1

      I mentioned this discussion to my fiancee, a fed. Although the situation referenced wouldn't come up there (expense reimbursement is actually efficient), their training explicitly indicated that refusal to accept a personal-liability card (or behavior in using that card resulting in revocation) would be a firing offense for any job with mandatory travel.

      The federal government is pretty darned good about following employment law. I'm guessing, then, that it's the company's past history that made your refusal reasonable, and thus grounds for a wrongful termination suit.

    57. Re:What? by mythosaz · · Score: 1

      As "Barely Legal," "Completely Legal," and plain old "Legal" are all binary functions with the same parameters, they are represented by the simple Venn diagram on the next line.

      O

  2. Miles by Anonymous Coward · · Score: 5, Informative

    I'm sure the employee wanted the miles.

    1. Re:Miles by NewWorldDan · · Score: 2

      That's what we do. Corporate credit cards are a real pain in the ass to get if you're a small company. We (small business) use personal cards and have the bill sent to the office. The employee gets to keep the airline miles or whatever bonus is attached to the card. Given that I have about $4k/month in expenses that flow through there, it adds up fast and it's a win/win all around.

    2. Re:Miles by ArsonSmith · · Score: 2, Interesting

      Corporate credit cards are actually no different that personal credit cards. The company has no obligation to pay it and it's your credit that gets f'ed if the decide to renig on what they said they'd pay for.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    3. Re:Miles by nosferatu1001 · · Score: 1

      Wrong. If it s a true corporate card, the name on the account is the companies, and you are just an authorised user for it (you have a mandate)

      "renege"

  3. Advance fee fraud by Anonymous Coward · · Score: 1

    419'd by your own employer--ouch!

  4. My prediction of who will win this by Curate · · Score: 5, Funny

    The lawyers.

  5. Re:$125K 'personal' limit by rickb928 · · Score: 1

    that's not so big. add two zeros and call me.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  6. The employee is a chump? by 140Mandak262Jamuna · · Score: 1

    What an executive of my pillow with a personal credit card with a credit limit higher than 125K paid it to some vendor of my pillow. Acting as the official of the company he offered to pay 125k in company check but the vendor refused to take a check. Even if he gave the vendor money from his creditcard, he should have issued that 125 k check from the company and deposited it into his account. But for some reason he did not. How did this chump get a card with higher than 125 k limit I cant understand. Fools and money are easily parted and fools and he should been taken to the cleaners much earlier.

    --
    sed -e 's/Chuck Norris/Rajnikant/g' joke > fact
    1. Re:The employee is a chump? by Frosty+Piss · · Score: 1

      On Aug. 1, Salesforce.com "attempted to take its systems live for My Pillow" but more than 100 components "were not functional," his suit adds. Furlong subsequently disputed the $125,000 charge with American Express, and Salesforce.com credited back the amount, the filing states

      I know, I know... Reading the actual story and all...

      --
      If you want news from today, you have to come back tomorrow.
    2. Re:The employee is a chump? by Charliemopps · · Score: 1

      Amex cards used to not have a limit when I had one. If you have good enough credit they just let you run up whatever bill you want. My father bought a house with one a long time ago due to some legal/work issues similar to this case. His employer was buying his previous house from him as part of an employee move, but the paperwork was taking too long and the new house had a 2nd offer. So he dropped it on his Amex and then paid off the bill a week later when the paperwork cleared. How he got money from the card to the sellers I do not know as I was a kid at the time and the story long ago turned into family legend. When I got older I got one and it didn't have a limit either, which I couldn't believe. I called them up and made them put a limit on it. Fast forward to last year my buddy got one and it had a limit just like a Visa. Go figure.

    3. Re:The employee is a chump? by dbraden · · Score: 2

      Also found in the story:

      Furlong's card was subsequently re-charged for the $125,000 but this time American Express refused to credit his account, saying that Salesforce.com had provided "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed," according to his suit.

    4. Re:The employee is a chump? by CanHasDIY · · Score: 1

      I know, I know... Reading the actual story and all...

      Yea, you might try reading more than the first page:

      Furlong's card was subsequently re-charged for the $125,000 but this time American Express refused to credit his account, saying that Salesforce.com had provided "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed," according to his suit.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    5. Re:The employee is a chump? by aicrules · · Score: 1

      I'm likely paid significantly lower than this executive, and definitely was paid WAY lower when I got a credit card from AmEx (Blue) and eventually granted a $25,000 limit. I could/can request higher. But I got it to buy a used car at a rate much lower (0.9%) than I could have gotten at a bank. So I would imagine someone who likely makes in mid-six figures or even low-mid could easily get up to that. I had/have awesome credit rating, so that helps too.

    6. Re:The employee is a chump? by tibit · · Score: 2

      LOL about the vendor not taking a check. They lost a bunch of money on going through a credit card transaction.

      --
      A successful API design takes a mixture of software design and pedagogy.
    7. Re:The employee is a chump? by tibit · · Score: 1

      AmEx products vary. Blue is not the same as the classic card.

      --
      A successful API design takes a mixture of software design and pedagogy.
    8. Re:The employee is a chump? by rickb928 · · Score: 1

      Somewhere between 2% and 4%. Probably 2.8-3.1% And they got a promise of payment better than a paper check. In this case, better than the willingness of the cardholder to pay.

      In case you're wondering, this seems like a case where Amex is doing what it would ordinarily do - cardholder agreed to to terms of the Salesforce contract. But, I wonder if he really did, in which case he may prevail eventually. His employer may yet be on the hook directly to Salesforce. Certainly Mr. Furlong has a case against his employer.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    9. Re:The employee is a chump? by tibit · · Score: 1

      Those ~3% is almost $5k. That's no small change. With a check, you wait a week and unless it's an outright forgery on an account that isn't yours, you'll be OK.

      --
      A successful API design takes a mixture of software design and pedagogy.
    10. Re:The employee is a chump? by rickb928 · · Score: 1

      Some banks charge fees for deposits. Some of their clients insist on payment by Corporate Card for various reasons, some of their clients may say terms are net 30-90 or by corp card 1-3 days.

      It is not that simple.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
  7. typical AmEx corporate card, it sounds like by Anonymous Coward · · Score: 1

    if you read the credit card contract for AmEx 'corporate' cards, you will notice that YOU are actually liable for anything purchased with it if the company decides to not pay it [or can't pay, if it goes out of business]. nice for the company and for AmEx, not so nice for the employee.

    1. Re:typical AmEx corporate card, it sounds like by TechyImmigrant · · Score: 2

      This is entirely correct. I have a corporate Amex. The card is mine. My debt, my responsibility.

      All that is different is that it is conveniently integrated into the company's expense reporting system, so rather than fiddling with receipts, I can just click on the charges and they get dropped into my expense claim with all the necessary details transferred.

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    2. Re:typical AmEx corporate card, it sounds like by roc97007 · · Score: 2

      True. And when the company doesn't reimburse you within the set limits, you are also responsible for the late fee.

      --
      Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
    3. Re:typical AmEx corporate card, it sounds like by i.r.id10t · · Score: 1

      And, if you work for a non-profit or other tax exempt many hotels, etc. will not honor the tax exempt part unless you are paying with a corporate credit card.

      --
      Don't blame me, I voted for Kodos
    4. Re:typical AmEx corporate card, it sounds like by Compaqt · · Score: 1

      Wait, how's that again?

      A non-profit doesn't have to pay taxes on its "income" because it's plowed right back into whatever cause it's incorporated for. OK.

      But who ever said nonprofits don't have to pay sales tax?

      --
      I'm not a lawyer, but I play one on the Internet. Blog
    5. Re:typical AmEx corporate card, it sounds like by i.r.id10t · · Score: 1

      Well, the non-profit I work for is a community college. No sales tax, no hotel taxes, etc.

      BUT... have to be college bought, on a college credit card, and show the tax exempt form.

      --
      Don't blame me, I voted for Kodos
  8. Re:$125K 'personal' limit by Bigby · · Score: 5, Funny

    $125,000.00; What's your number?

  9. Re:$125K 'personal' limit by jtownatpunk.net · · Score: 4, Informative

    People who aren't poor.

    And old-school AmEx cards have no limit (in theory). And the balance on those old style accounts is due in full when the next statement is presented. Back in the day, it wasn't a credit card so much as a way for rich folks to pay for things while travelling without carrying a bunch of cash around or get businesses to accept personal checks. They'd pay the month's bill in full immediately, not carry a balance like poor people do with a regular credit card.

  10. Why? Easy! by pla · · Score: 5, Insightful

    and why the employee was naive enough to hand it over.

    For the same reason I'd do the same, in a frickin' heartbeat - $2500 in rewards dollars (and AmEx gives "real" dollars creditable to your account; not "miles", not "bux", not "flooz"). And in general, legit companies not on the brink of bankruptcy don't usually flake on their bills. Though sometimes... They do.

    It does surprise me that AmEx wouldn't reverse the charge, though - They have one of the most consumer-friendly (and practically merchant-hostile) dispute policies out there. You ask, they reverse it and ask questions later, with the burden of proof on the merchant.

  11. Re:$125K 'personal' limit by BradleyUffner · · Score: 1

    AmEx cards don't have a pre-set limit.

    My AmEx card begs to differ.

  12. Salesforce is stealing SAP's business plan? by xxxJonBoyxxx · · Score: 4, Funny

    >> there was an aggressive go-live date, a demand for immediate payment, and a (Salesforce.com) system that was ultimately 'not functional'.

    Wait, is Salesforce is stealing SAP's business plan?

  13. Summary by Synerg1y · · Score: 4, Informative

    1. My pillow contracts sales force to give them a custom solution
    2. Salesforce agrees & begins work that was due by June 1st
    3. Work isn't done by June 1st and SF rep asks for 125k to do it by Aug. 1st that gets paid by employee card cause check "wouldn't work"
    4. Aug 1st. SF does not deliver
    5. My pillow refuses to pay SF, SF re-instates credit card charges to employee's card
    6. SF sues My pillow for 550k stating substantial advertising efforts, employee disputes charge in court.

    So this isn't a 3 way law-suit...

    Before you go denouncing SF as being the anti-christ remember, we don't know what the requirements were, or how they were manipulated by either party. The employee's card being charged doesn't make my pillow look good either.

    Personally, if I was that employee I'd maybe try to sue the sales rep for misrepresentation in the overall grey light of this case.

    1. Re:Summary by Ecuador · · Score: 1

      The employee's card being charged doesn't make my pillow look good either.

      It says that SF held the project hostage, they demanded that payment right then and there and My Pillow tried to cut them a check but they refused. Apparently their corporate card had less than $125k limit and the employee was happy to make a couple thousand dollars or so in rewards.

      If it is true that SF missed the deadlines twice and yet charged also twice the original estimate, I can't see how they could be suing for "damages"...

      --
      Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    2. Re:Summary by ygtai · · Score: 1

      What's wrong with an anti-christ?

    3. Re:Summary by mythosaz · · Score: 1

      "My pillow contracts sales force" is a set of words that don't make for particularly good reading.

      The vague nouns and verbs and homonyms make my head hurt...

    4. Re:Summary by Synerg1y · · Score: 1

      my main point there is that My Pillow could've changed up the requirements several times, or scope creeped significant new features in. We just don't know. SalesForce is a big company that I haven't heard a whole lot of negative about, while My Pillow used an employee's credit card.

      As far as credibility goes, I am very inclined to lean towards SF, though the article makes it sound like My Pillow is completely getting f'ed.

      And as far as the amount of 550k goes, it does seem excessive, but I think it may be a legal tactic to try to extract a partial settlement.

      I feel bad for the employee, but at what point does oneself have to assume responsibility for their actions?

    5. Re:Summary by jakimfett · · Score: 1

      And yet it's a much better summary of the situation than the OP was.

      --
      Bits of code, random ramblings: jakimfett.com
    6. Re:Summary by Anonymous Coward · · Score: 2, Insightful

      at what point does oneself have to assume responsibility for their actions?

      Whenever I see someone talking about "personal responsibility" its never the executive making decisions being asked to take responsibility. I'm guessing you figure that point comes after whatever point the boss thought it would be a good idea to use the employee's card.

    7. Re:Summary by geoskd · · Score: 1

      If it is true that SF missed the deadlines twice and yet charged also twice the original estimate, I can't see how they could be suing for "damages"...

      SF didn't miss the deadlines. What they delivered on time was what they thought they had contracted to deliver, but it was not at all what MyPillow thought they were buying. After wrangling out new requirements, SF delivered the newly agreed upon product by the new deadline, and it appears to have been, yet again, not what MyPillow wanted.

      From what I have read from a few other sources, MyPillow had no idea how to describe what they wanted, and SF's sales guy had no problem taking advantage of this to sell progressively more expensive product at high markups by introducing artificial time pressure. The only question is whether or not SF's sales guy did it deliberately, and whether or not that matters. Either way, buyer beware. This guy putting the thing on his corporate amex was somewhat abnormal, but not really consequent to this case.

      --
      I wish I had a good sig, but all the good ones are copyrighted
  14. Re:$125K 'personal' limit by Synerg1y · · Score: 1

    People who were consumers in the 90s?

  15. Re:Cost of tuition can be a bitch... by Synerg1y · · Score: 1

    *shrug* I wouldn't loan somebody my card to buy a coffee just because of the surrounding risks to its security, as well as the principle.

  16. Contracts 101 by Solandri · · Score: 2

    Be sure to specify exactly what happens if either party fails to fulfill their obligations under the contract. JEDEC failed to do so, and had no recourse when Rambus broke one of their rules and secretly patented stuff they heard being talked about at JEDEC for inclusion in an upcoming standard. The most they could do was kick Rambus out of JEDEC.

    Same goes for self-employed independent contractors. If your contract just says you'll be paid $x upon completing the specific work, you are screwed. They can delay paying you for months without consequence. At the very least you need to put accruing penalties for late payment in the contract. Ideally you'll also have dates after which you can take the contract to a court and immediately get a summary judgment instead of having to go through a trial. Without a solid contract, once you hand over the money (for prepaid work) or the work (for post-paid work), all your leverage is gone. You are completely at the mercy of the other party.

    Sounds like a poor contract is what happened here. Salesforce.com promised a lot and didn't deliver. My Pillow's contract didn't specify penalties or discounts/refunds for non-completion of work. Consequently all they could do was offer Salesforce.com more money to finish what they were supposed to have finished under the original contract. The opposite is possible too - that Salesforce.com did its beset to fulfill the contract, but My Pillow kept changing the requirements. In that case, the contract should've specified how many revisions to the requirements could be made, limits on how much they could change, and by what date they'd be finalized. Either way, it was a poor contract.

  17. Re:$125K 'personal' limit by the+eric+conspiracy · · Score: 1

    The old AmEx were great if you had to travel for your job.

    Fly,
    expense report,
    get reimbursed,
    pay Amex,
    done

  18. Re:$125K 'personal' limit by Anonymous Coward · · Score: 3, Informative

    Not strictly true. The term used was (is) 'no pre set spending limit'. What this means in practical terms is that every charge authorization request goes through a complex decision tree based on many pieces of financial and fraud data before approving or denying the request. If your financial assets do not support your ability to pay for a charge, it won't go through. These products are charge cards, not credit cards. The 'no limit' misconception is fairly common though, just ask any of their call center employees.

  19. Re:Why? Easy! by Minwee · · Score: 4, Informative

    It does surprise me that AmEx wouldn't reverse the charge, though - They have one of the most consumer-friendly (and practically merchant-hostile) dispute policies out there. You ask, they reverse it and ask questions later, with the burden of proof on the merchant.

    An article I once read about this case stated that that was exactly what happened:

    Furlong subsequently disputed the $125,000 charge with American Express, and Salesforce.com credited back the amount

    It wasn't until later that the questions were asked and proof provided by the merchant:

    Furlong's card was subsequently re-charged for the $125,000 but this time American Express refused to credit his account, saying that Salesforce.com had provided "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed,"

  20. Whenever a startups tries to abuse your credit by OrangeTide · · Score: 1

    You just need to claim that you are a Mennonite, and for religious reasons you do not own a credit card. Generally employers know so little as to be unable to verify the check, and are usually too scare of state and federal laws around religious discrimination to mess with someone who has an education and a moderate level of affluence. (sorry to get all political, but people still take advantage of the poor on the assumption that they won't do anything about it)

    --
    “Common sense is not so common.” — Voltaire
    1. Re:Whenever a startups tries to abuse your credit by geekoid · · Score: 1
      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:Whenever a startups tries to abuse your credit by HornWumpus · · Score: 1

      You miss his point.

      Just because I can't name a denomination that 'for religious reasons refuses to stand in judgement of any man' doesn't make that phrase any less of a get out of jury duty free line.

      Obviously geeks can't be Mennonites. They are barely allowed to drive cars. Sort of half breed Amish.

      It's a pure Chutzpa move. Fuck the boss, and his zero interest loan.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    3. Re:Whenever a startups tries to abuse your credit by MickLinux · · Score: 1

      When we (SEI, Harrisonburg) were working on the FBI's low-speed fingerprint imaging/acquisition project,as the prototype for the HSFIADC, the project manager quit, and the second in charge became the new project manager. He was a mennonite. His favorite story was how his father had rebelled against HIS father, by wearing a worldly tie. You know, the basic IBM style plain tie.

      Point being, there is a whole range of mennonite.

      I am not from Lancaster, so I could be just as ignorant of the Amish, but I was under the impresion that the Amish had less range in deviation from "Simple People."

      --
      Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  21. Re:I'm impressed by TechyImmigrant · · Score: 1

    $20K. My choice. Large enough to get back from wherever in the world I am that has gone to hell and small enough to manage if it goes bad in some other way (like in TFA).

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  22. Re:Why? Easy! by Anubis+IV · · Score: 1

    AmEx did reverse the charge after it was initially disputed. It wasn't until Salesforce went back to them with the contract that stipulated no refunds under any circumstances that AmEx reinstated the charge.

  23. IF you..... by Lumpy · · Score: 1

    Use your personal credit card for your company's expenses, you are a complete and utter moron.

    If your boss ever says, "So can I use your credit card to buy this expensive product for the company?" you say.... "Here is my resignation, good luck."

    --
    Do not look at laser with remaining good eye.
    1. Re:IF you..... by geekoid · · Score: 2

      Depends.
      It would give you a good case to claim partial ownership.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    2. Re:IF you..... by uncqual · · Score: 1

      I'd probably just say "No" or "Why don't you use your card?" -- how the employer responds would inform my decision on what to do next.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    3. Re:IF you..... by Ritchie70 · · Score: 1

      For expenses of this sort, absolutely.

      Minor use of the "Hey, can you pick this up at Staples?" sort isn't unreasonable.

      --
      The preferred solution is to not have a problem.
    4. Re:IF you..... by HornWumpus · · Score: 1

      Owning a unsecured debt against a company in bankruptcy is just about as far from partial ownership as you can get.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
  24. Sigh by Murdoch5 · · Score: 2

    This directly goes back to why you don't let anyone but the developers set the completion date for software. When ever your handed a deadline, the first thing you do is schedule a meeting right away and then throw the deadline out. If as a developer you can't set the deadline then walk away from the table, the reason a lot of software projects fail is because feature lack, bugs and crappy code. Most of those can be fixed by having the time you need to actually work on set code. As an embedded developer I would never allow anyone to set my deadlines, I put pride into my work and I'm not going to have it rushed by some marketing team or a project manager who knows nothing about programming embedded systems.

    1. Re:Sigh by geekoid · · Score: 1

      "..anyone but the developers set the completion date for software. "
      no, that doesn't work either. Unless you have a highly motivated staff working on something they love, you need to set some milestone and delivery dates. Naturally you listen to the developer and use it as a guide line.

      For example see: why this very case where the developer said he could get it done by Aug 1st.

      Sometimes the market or market windows determines finish by date, becasue is usually about money, not about solid code.

      Sadly.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  25. Re:$125K 'personal' limit by Anonymous Coward · · Score: 1

    That assumes your company reimburses you within the month. Doesn't always happen.

  26. Re:He got his 125,000 credited back. by EvanED · · Score: 1

    ...you don't really understand how credit cards work, do you?

    What AmEx did was exactly what happens when people dispute a charge and the CC company sides with the merchant. The charge is dropped during the investigation, and if the investigation convinces the company that the charge was legit then it is reinstated.

  27. Re:Why? Easy! by Kal+Zekdor · · Score: 1

    It does surprise me that AmEx wouldn't reverse the charge, though - They have one of the most consumer-friendly (and practically merchant-hostile) dispute policies out there. You ask, they reverse it and ask questions later, with the burden of proof on the merchant.

    According to TFA, AmEx did originally credit back the $125k to the guy. Afterwards, though, Salesforce approached AmEx with "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed", and had the amount charged again. AmEx then refused any subsequent requests to reverse the charge.

  28. Why'd he hand over his Amex? by Anonymous Coward · · Score: 1

    Two words.

    Black.
    Amex.

    Which needs about $200,000 charged in a year to achieve.
    (And the ton of Membership Rewards points as another poster pointed out.)

  29. Re:Come On Man by dbraden · · Score: 4, Informative

    Because, "Furlong's card was subsequently re-charged for the $125,000 but this time American Express refused to credit his account, saying that Salesforce.com had provided "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed," according to his suit."

  30. Re: $125K 'personal' limit by alen · · Score: 1

    People with a good credit history?

  31. Re:Why? Easy! by tlhIngan · · Score: 1

    and why the employee was naive enough to hand it over.

      For the same reason I'd do the same, in a frickin' heartbeat - $2500 in rewards dollars (and AmEx gives "real" dollars creditable to your account; not "miles", not "bux", not "flooz"). And in general, legit companies not on the brink of bankruptcy don't usually flake on their bills. Though sometimes... They do.

      It does surprise me that AmEx wouldn't reverse the charge, though - They have one of the most consumer-friendly (and practically merchant-hostile) dispute policies out there. You ask, they reverse it and ask questions later, with the burden of proof on the merchant.

    I'm surprised AmEx didn't want immediate payment.

    Last time I had AmEx, I bought a house air conditioner at Costco - about $5000 or so. AmEx called up a few days later and asked us when the bill will be paid. I said on the day it's due. They immediately asked if they could be paid within the next couple of days. This went on a few times and a few phone calls - AmEx wanting payment immediately (despite being a cardholder for 20+ years). Then they demanded immediate payment to which I refused since the bill has not come yet.

    In the end, the air conditioner was refunded because it was misadvertised as having a rebate that didn't apply to that model. The amount outstanding was paid minus the refund of the annual fees paid, and the account closed.

    For a customer that has never paid a bill late for decades, they were surprisingly hostile especially since larger amounts were paid just fine. And of course, AmEx keeps soliciting for a card.

  32. murky fandango mired in presumption by epine · · Score: 1

    and why the slashdot faithful are naive enough to jump all over a hot button word that willfully slants a murky fandango

    Every time this kind of slashdot story passes editorial standards, somewhere a cluestick dies.

  33. Re:$125K 'personal' limit by roc97007 · · Score: 1

    The old AmEx were great if you had to travel for your job.

    Fly,
    expense report,
    get reimbursed,
    pay Amex,
    done

    More like

    fly

    expense report

    wait

    wait

    ping accounting, offshore data entry error, correcting

    wait

    wait

    ping accounting again, find out it's been on boss's desk for last three days

    ping boss for sig

    Explain why roll of Rolaids on expense report (high stress meeting over unreasonably hot tandoori)

    wait

    wait

    wait

    get reimbursed

    Forget what the check is for

    Remember what check is for

    pay Amex plus late fee

    done

    There's an alternate path that involves fighting with the hotel over a charge for six mini-bottles of Cuervo Gold, but it ends the same.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  34. Re:I'm impressed by Ritchie70 · · Score: 1

    My total credit card limit (across multiple cards) is somewhere in excess of $100K.

    That's a couple in the mid 30's then a few more in the 10 - 15 range.

    The cards actually in my wallet total maybe $30K, not counting the company "green AmEx". I have no idea what limit might be on that. It hasn't been used in years.

    --
    The preferred solution is to not have a problem.
  35. Re:Why? Easy! by silas_moeckel · · Score: 1

    That seems hinky as amex does not allow merchants to stipulate that for amex transactions. Now salesforce may be big enough to have a one off agreement with amex.

    --
    No sir I dont like it.
  36. Re:$125K 'personal' limit by tibit · · Score: 1

    As a grad student I was pretty close. With grad student earnings, no less. First five years of this century were quite crazy, and if you played your cards right and had a bit of luck, you could in fact get that kind of a limit, even if it was many times your yearly gross salary. Many banks would let you consolidate the accounts into one, so that credit limits would simply add. Over time, those many banks were all acquired and joined the big bank. Ergo a humongous limit.

    --
    A successful API design takes a mixture of software design and pedagogy.
  37. Re:Summary Wrong by Holi · · Score: 2

    You fail at reading.

    Because, "Furlong's card was subsequently re-charged for the $125,000 but this time American Express refused to credit his account, saying that Salesforce.com had provided "authorization for the charge and a signed contract and order form stating that no cancellations or refunds would be allowed," according to his suit."

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  38. Re:How was it legal for MyPillow by lightknight · · Score: 1

    More likely the employee offered it up as a way to get the ball rolling, hoping to play hero and score some points with the company brass at the same time.

    Unfortunately, the company decided to screw him, since it gets them out of a bad deal (what's personal bankruptcy?), and the courts get another headache to sort out.

    I used to wonder why humanity needed the courts...now I wonder how a judge can walk around without facepalming all day.

    --
    I am John Hurt.
  39. Re:$125K 'personal' limit by aristotle-dude · · Score: 2

    AmEx cards don't have a pre-set limit.

    My AmEx card begs to differ.

    You probably have an Amex credit card, rather than an Amex Charge card. The latter has no preset spending limit, however, the balance must be paid off within 28-30 days or you get dinged with a 30% interest charge and lose any points that your purchases would have earned for that month. You are considered not in good standing if you leave a balance on it past the interest free period.

    If you had a platinum charge card, it would have arrived in a leather bonded portfolio.

    --
    Jesus was a compassionate social conservative who called individuals to sin no more.
  40. Excellent by stoploss · · Score: 1

    You just need to claim that you are a Mennonite, and for religious reasons you do not own a credit card. Generally employers know so little as to be unable to verify the check, and are usually too scare of state and federal laws around religious discrimination to mess with someone who has an education and a moderate level of affluence.

    "Sorry, can't. I am a Mennonite... um, (software developer|computer engineer|adherent assisting in the sale of high-tech materialistic comforts via television infomercials).
    (*cough*) Right. Well, best be off to my buggy then..."

    Bonus points for insinuating that you don't respect your employer enough to tell a plausible lie.

    (Just as an aside, but poor people have access to $125+k in personal revolving lines of credit from Amex now? I guess I need welfare—or perhaps insulation from the inevitable credit bubble collapse that would cause)

    1. Re:Excellent by nitehawk214 · · Score: 1

      Fine, this is not a lie: "Even if my employer sucked my cock I would not lend it an amount of money worth more than my paycheck, much less my house."

      I can not believe in any possible legal world that an employer could compel an employee to give it any amount of money. If they fired you for insubordination (cock sucking demands withstanding), you would have an excellent unemployment case.

      I worked at a company that changed form company-credit cards to forcing employees to bear the brunt of travel expenses and begging the company to reimburse them on time. This is at a place already notorious for being slow on expense reports and paperwork. I announced that I was done travelling for the company. My manager decided it was easier to send other people on the road than test this demand. (It helps being an indispensable employee, if I was not holding all the cards I probably would have begun seeking new employment.... err... earlier than I did. Also, my rather awesome manager also knew I hated to travel for business, and would always make every effort to avoid sending me on the road anyhow.)

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
    2. Re:Excellent by stoploss · · Score: 1

      Yes: passive aggression is usually a indicator of a weak personality. People really should try regular aggression instead. Seems we share this perspective.

      Though there is something to be said for the satisfaction of telling a blatant lie to someone you don't respect while looking them in the eye...

  41. Re:$125K 'personal' limit by careysub · · Score: 4, Informative

    Having has to suffer for a time working for a company that had something of a scam going regarding employees and AmEx cards (Litton Industries, absorbed by Northrop-Grumman in 2001) I have some insight into how the story might have unfolded.

    Litton Industries had AmEx cards issued to employees. It had your name on them, you were required to activate and use them, you were solely responsible for paying the balances, but the limit was set by AmEx based on Litton Industries' financial situation and thus were effectively unlimited. You were required to pay all company travel expenses with them (even charging airline tickets to them) and file for re-embursement when the trip ended (or monthly is it was long-term). Thus the employee could be on the hook for quite substantial amounts of money at the direction and for the benefit of the company.

    Something like this could have happened to the poor employee.

    But back to Litton Industries. They could not process a reimbursement claim (which required multiple sign-offs) within a week, it often took two (or even more). And they had a "payment cycle" that cut a check only once a month, if approval came in by the cut-off date. So if you took a one-week trip, filed immediately upon return, it was almost impossible to get the check in hand before the monthly bill was due, and thus you either had to pay the balance off out of your own personal funds, or you were hit with a late fee that the company would not reimburse for.

    I did not stick around there for long.

    --
    Starships were meant to fly, Hands up and touch the sky - Nicky Minaj
  42. Re:I'm impressed by TapeCutter · · Score: 1

    One credit card, $2k limit, had it since the early 80's when credit cards first became widely available in Australia. If I wanted more credit then I would use the equity in my house to avoid the stupendous interest rates charged on credit cards. If I was suffering from OCD I could rack up "fly buys" or whatever they are called just like mum collected "green stamps", but truth be told I can't be arsed with the paperwork to play that game. Of course I'm in a much better financial position now than when I got the card, back then $2K was close to 2 months wages, to a young family it was both a godsend and a mill stone. These days it's just a convenience for buying stuff on the net and feeding the car park vending machine.

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  43. Re:$125K 'personal' limit by Anonymous Coward · · Score: 1

    People who aren't poor.

    And old-school AmEx cards have no limit (in theory). And the balance on those old style accounts is due in full when the next statement is presented. Back in the day, it wasn't a credit card so much as a way for rich folks to pay for things while travelling without carrying a bunch of cash around or get businesses to accept personal checks. They'd pay the month's bill in full immediately, not carry a balance like poor people do with a regular credit card.

    A charge card is a different product than a credit card; however, Amex charge cards have always had soft limits above which users could get shut down.. It's just that it was a lot slower before technology caught up. To put $125k on a card today, you'd probably at least have to speak to a credit analyst before the charge went through on most cards save the Centurion "black" card. They could probably do it. That card is invitation only and although the requirements are not published, it's said you have to push 100K+ a month for a year through one of their other cards before they will even consider you. If they do, the offer won't arrive by mail but instead it will be hand delivered by an Amex employee. Oh, and the initial AF is $10K, but their are benefits like premium club membership for several airline, hotel and car companies as well as personal shopping services at a number of high end retailers that probably make it worth it if your in the class that can afford it.

  44. Re:$125K 'personal' limit by LordLimecat · · Score: 1

    not carry a balance like people who live beyond their means do with a regular credit card.

    FTFY.

    Im sure there are cases where this isnt true, but in general if you are carrying a balance because you cant afford something now, and it isnt a 1-off emergency, youre making a mistake and exercising poor judgement.

  45. it was a charge card by YesIAmAScript · · Score: 1

    Back when credit cards were still charge cards too. When revolving credit cards (where you don't have to pay each money) changed their names to credit cards (credit is a positive, charge is a negative), AMEX kept the charge card description.

    AMEX reminded me of this twice when I didn't pay in full at the end of the month. They said they didn't work that way and I wouldn't be able to charge anything until I paid it off. I replied that I didn't mind because I only used it on corporate trips and I didn't have another one for months, by which point the company would have reimbursed me and I would pay AMEX.

    --
    http://lkml.org/lkml/2005/8/20/95
  46. Re:$125K 'personal' limit by burningcpu · · Score: 3, Insightful

    no one gives a shit

  47. Re:porn by roc97007 · · Score: 1

    I've been dunned for pay per view also, and have successfully had the charges removed, but it's a hassle.

    These things, spurious mini bar and PPV charges, have me wondering whether the staff is having a party at my expense while I'm in meetings. I mean really -- pragmatically, if I wanted to drink, I'll go someplace where I can disguise it as food expenses. And if I wanted to see porn, there's the entire internet to draw from. There just isn't any reason to touch either the overpriced minibar, or overpriced PPV, especially since they show up very specifically on the hotel bill that is included as part of the expense report.

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  48. Re:Why? Easy! by bloodhawk · · Score: 1

    Actually no, Amex did exactly what they are supposed to do. A signed and authorised transaction took place, Their was no fraud, however there is a dispute over the services rendered and this is between those two parties and perhaps a court to decide not for Amex.

  49. Re:Why? Easy! by Anonymous Coward · · Score: 2, Interesting

    This is common practice at startups, where they don't have rules in place against it like most (or all) larger companies. Employees can build up a really good credit rating, and get the rewards, by charging things to their card that the company reimburses.

  50. Re:$125K 'personal' limit by isorox · · Score: 1

    $31.205M, on a green card. Several in the $12M range.

    How fortunate it's $31,205,000. Imagine if it was only $31,200,000?! How could you cope at the end of the month?

  51. Re:Come On Man by flimflammer · · Score: 1

    Are you not familiar with multiple page articles? You literally only read half the story.

  52. If you contract for software by rsilvergun · · Score: 1

    this sorta thing matters. Whether you're buying it or making it, how these sorta disputes get sorted out makes a difference.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  53. Re:$125K 'personal' limit by samkass · · Score: 1

    AmEx cards don't have a pre-set limit.

    ...that they'll tell you about. They know how much they think you're capable of repaying and will start to deny charges when you reach the limit. They just won't tell you what the limit is.

    They're also really bad about reporting stuff accurately to credit bureaus. I almost didn't get my first house because AmEx said I owed more than my salary to them when my balance was actually $0. Needless to say I cancelled my card immediately and haven't had a personal one with them since.

    --
    E pluribus unum
  54. Re:$125K 'personal' limit by magarity · · Score: 1

    There's a huge difference between "no pre-set limit" and "unlimited". Their charge approval computer has a total in mind, I assure you, they just don't tell it to you.

  55. crappy employers require amex accounts by drwho · · Score: 2

    Back in 1998, I was pushed into applying for a corporate AmEx card by my employers, a consulting company of moderate repute. The idea was that I would use this for expenses related to travel. When I read the agreement in full, and understood that it was my responsibility, rather than my employers, to pay the bill I declined to apply. Shortly thereafter, I heard from other people in the company that it was expecting them to charge various IT related expenses to the card, and was taking a very long time (over four months) to pay. This was clearly a credit-kiting scheme cooked up by corporate finance to support the company's cash flow. When I told my boss that not only had I not applied for the Amex card, but that I had no credit cards (true: I tore them up about a year before), I was treated with disdain. A few weeks later, I was asked to resign under the pretense of some irregularities in my job application (which I had been forced to fill out after I had been accepted by the company and switch coasts). For a variety of reasons, not the least of which is an NDA, I can't reveal the name of the employer. I can say that they were swept up in one acquisition after another, and few people remember the name fifteen years later. But I still remember how much I came to distrust them, starting with an employer trying to force loans from its employees. Beware!

  56. Mod me down! by stephanruby · · Score: 4, Insightful

    You guys really need to mod me down instead of up. I was totally wrong. I didn't read the second page.

  57. Re:Failed software implementation is the buffalo . by MickLinux · · Score: 1

    This isn't about geeks. That is correct. It is about a nerd getting a really bad deal when faux nerds failed to delivereon what were to them magical promises, and the employer of said original nerd used and didn't back up the said nerd.

    Now, if you are a nerd, and it occurs to you that you could be the next nerd in a situation like this (look at your pocket protector: is it hanging at a skew angle even as you read this?) then

    this is stuff that matters

    please hand in your nerd bag at the door.

    You've been slashslashslash dot dotted

    --
    Correct Horse Battery Staple: 72 bits of entropy. Enter "Correct H" into google. When it generates the phrase, that's
  58. Re:$125K 'personal' limit by geoskd · · Score: 1

    not carry a balance like people who live beyond their means do with a regular credit card.

    FTFY.

    Im sure there are cases where this isnt true

    It definitely isn't always true. Credit is a very useful tool, even for people not making much money. Individuals can use credit (aka leverage) the same way companies do. My last buy n flip house was done this way. I had practically no cash laying around, so I bought the thing on credit, paid for all the repairs on credit, and paid off the bill when the place sold. All told, I made about $5k off it, and never once used "my money" to do it. If I hadn't had the credit available, I never would have had the free cash to do the project. I rolled that balance for about a year though. Kinda ate into my profits, but not enough to stop me from doing it again.

    Credit is a tool that accelerates finance. If you're doing good things with your money, then credit will allow you to do them faster. If you're doing dumb things, then credit will help you do them faster as well.

    --
    I wish I had a good sig, but all the good ones are copyrighted
  59. Re:$125K 'personal' limit by rickb928 · · Score: 1

    Your Amex card, if not blue, has a limit that is dependent on may factors, but is not a pre-set, fixed limit. You may find that if you call in and ask, you're able to charge against it beyind what you expect. Any 'limit' is based on history, your creditworthiness, and other factors. You may NOT have to call in to process a charge against it that would seem to exceed any apparent limits. Amex explains this fairly well.

    Blue cards (and you know if you have one) are more limited, but the available credit you may see on your statement may well not be a fixed limit.

    I'm betting Mr.Furlong has a non-blue card, and his limit was not hard and fast. And while I see the details of the case as common, it is unfortunate. Mr. Furlong's error was in not getting payment from his employer immediately, and was an easy one to make. He's in the middle.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  60. Re:Why? Easy! by rickb928 · · Score: 1

    "no cancellations or refunds would be allowed"

    No performance required here.

    Mr. Furlong's action is against his employer. My Pillow has less of a case against Salesforce. "no cancellations or refunds would be allowed".

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  61. Re:Why? Easy! by rickb928 · · Score: 1

    There are no 'one off' agreements like that at Amex. Period.

    However, terms and conditions are permitted for merchant charges, and the one noted above are not uncommon. It brecomes a tug of war between the implicit contract between merchant and cardholder, and performance.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  62. Can't accept a check? by Compaqt · · Score: 1

    The reason the whole thing started is the Salesforce liar (salesman) said he couldn't take a check for for $125K:

    My Pillow offered to pay the amount with a company check but Kokoefer said he "could not carry a check in that amount" and asked that payment be made immediately with a credit card, according to filings.

    What is that supposed to even mean? I mean, I can imagine not being able to carry $125K in cash, but a check is a check. And if it's made Pay to the Account of Salesforce.com, it's not as if some mugger is going to get a hold of it and cash at the local Bank of America for crying out loud.

    --
    I'm not a lawyer, but I play one on the Internet. Blog
  63. Re:porn by TechyImmigrant · · Score: 1

    I once landed in Israel the evening before yom kippur. Nothing was open. I had no food. I lived out of the mini bar and I bloody well got reimbursed. Fortunately I was working for a startup at the time and I could waltz up to the CEO and say 'bloody well reimburse me'. That's not so easy in the mega-corp I work for now.

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  64. Re:$125K 'personal' limit by LordLimecat · · Score: 1

    My last buy n flip house was done this way.

    How, exactly, do you suppose the housing crisis started? What happens if you cant sell the house? Whoops, now youre broke and have a massive mortgage that you cant pay! Oh well.

    If I hadn't had the credit available, I never would have had the free cash to do the project.

    I sincerely am not trying to be mean, but to my mind it would have been far wiser to not do so. You took a risk, and it paid off, but it was a terribly large risk that could have wiped you out if the market had changed.

  65. Re:$125K 'personal' limit by geoskd · · Score: 1

    I sincerely am not trying to be mean, but to my mind it would have been far wiser to not do so. You took a risk, and it paid off, but it was a terribly large risk that could have wiped you out if the market had changed.

    I fully understand your concerns, and the behavior does involve risks, but I came through the height of the housing burst, and the worst recession in the last half century by being very good at managing my risk. I am good at what I do, and I survived because I didn't take the idiotic risks that others had taken. Rule #1, never buy a property you wont be willing to live in, because you might end up living there. Rule 2. No more purchases than your income can support as complete dead weight. This is the one that too many people forgot. I survived because my downside risks were much lower than others. It meant that my upside profits were a lot lower too. That deal I just finished only had 5K in profit, but I turned my nose up at plenty of 20k and 30k deals because they were simply too large for me to handle if they tanked. Others got stupid and leveraged too far. Those others included a large swath of people, but most of them had one thing in common. They were investing money, and didn't want to know the details of how the returns were earned. They gave their money to property managers who earned them 30% when things were going good, but bankrupted them when things tanked. Many of us in the business did just fine, even when things tanked because we did a very good job at estimating our downside risk and an even better job at managing it.

    Like many others, I lost some money when the thing tanked, but I still own all of my income properties, and as prices recover so will my net value. In the mean time, rents have been jumping up by leaps and bound for 4 years, which is why I had some spare income to throw at this recent project. I am almost back where I was in '07, and will pass that value in less than a year.

    --
    I wish I had a good sig, but all the good ones are copyrighted
  66. Re:Why? Easy! by gmhowell · · Score: 1

    An article I once read about this case stated that that was exactly what happened:

    You mean the article linked to in the summary?

    --
    Jesus was all right but his disciples were thick and ordinary. -John Lennon
  67. Re:Why? Easy! by Minwee · · Score: 1

    Shh! If word gets out that I read those, my credibility will be destroyed forever.

  68. Warning for nerds by phorm · · Score: 1

    It is somewhat of a good warning to Devs or others that might be tempted to use a personal card for a large business purchase (in order to get the points or whatever)...

    don't do it unless you're 101% sure you'll be reimbursed...

  69. Re:$125K 'personal' limit by rickb928 · · Score: 1

    Cute. Not even my card, corp.card.

    Actually, when someone got impressed with the OP article and the $125k transaction. I wanted to point out that even $30M is not unheard of. I've processed larger. For an individual account, transactions over $5M would be notable.

    --
    deleting the extra space after periods so i can stay relevant, yeah.
  70. Re:I'm impressed by Ritchie70 · · Score: 1

    As far as I'm concerned, you're a sucker if you're not collecting credit card points. There's no paperwork, you just use the card and points accrue. If they're Chase points, you can use them at a penny a point at Amazon with no fuss, just register the card and click on "use my points" at checkout.

    Every bill that I can put on that card goes on that card, and I never pay cash if I can pay credit. I wind up hundreds of dollars a year ahead and it's just free money.

    Just to be clear, I never carry a balance, and therefore never pay interest, with one exception.

    We (wife and I) bought a condo for her mother to live in. About a third of that went on a cash advance on one of the cards, and we've been shuffling it around between zero interest offers as the offers expire and someone else offers zero percent for 12+ months. That money's costing us a 4% transfer fee when we transfer it, typically every 12 - 14 months, which I view as good, since it's basically impossible to get a loan against the condo thanks to Fannie and Freddie's rules. There are very few real direct lenders left, and they're not interested in "investment" properties.

    (Since you're Australian, I'll explain that Fannie Mae and Freddie Mac are pseudo-governmental organizations that effectively control the entire mortgage industry in the US. If your loan doesn't meet their guidelines you're not getting a loan.)

    --
    The preferred solution is to not have a problem.