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Curve Card’s version of what happened with their American Express partnership

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Following on from our coverage of Curve and its split with American Express, the blog post below was published on the Curve website on Thursday morning.

As few of you will find it there by chance, I thought I would reproduce it here.  I have not edited it or added any commentary.

Curve will pay you £10 for trying it out if you use our link.

“January 31, 2019
Bringing Amex Back to Curve
By Shachar Bialick

You are probably aware that American Express has decided to block our customers from adding their Amex cards to Curve and making top-ups to their e-wallets. Amex has given no good or fair reason for their decision and we believe it to be entirely disproportionate and discriminatory to Curve and our joint customers.

Although Amex cardmembers represent a small percentage of our customers, we believe the decision by Amex to be wrong. We believe consumers should be able to decide how they wish to access their money, and that progress should not be stifled by the whims of giants. So we decided to stand for what we believe in: that real innovation can prevail. Curve is an original and groundbreaking product that gives you, the consumer, greater control over your money and we are convinced that this is worth fighting for.

Before I ask for your support of Curve in its fight for innovation and a level-playing field, let me share how this situation with Amex has come about.

Amex First Comes to Curve

In 2016, when we launched Curve in Beta, we accepted Amex cards as one of our funding options, alongside Visa and Mastercard. We soon found out that Amex did not like this operating model, and were promptly told to remove Amex support from Curve. Back then we were a small startup with limited resources and, though disappointed, we were forced to acquiesce and continue to grow our business without them. This was a time before the game-changing PSD2 came into force and regulations did not forbid Amex from doing so.

Although Amex’s market share of total card payments is less than 10% in the UK, it is a leader in the rewards market. Curve cardholders who also have an Amex card represent a small segment of our customers, but for them, Curve can’t be ‘All Your Cards in One’, and they still need to carry two cards in their wallets. Moreover, the bigger problem these users have is that Amex acceptance in the UK and Europe is low, so they can’t use their Amex as much as they’d like to. All of the above explains why many of these customers asked Curve to bring back support for the Amex network.

PSD2 Introduces a Level-Playing Field

In January 2018, the EU’s PSD2 came into law in the UK under PSR 2017, and turned the payments industry on its head. It opened up the payments market to competition and innovation. In particular, it ensured that companies could access all payment networks (including Amex) on a level-playing field along with every other fee-paying and legitimate payment service provider.

As a consequence of this radical change, Curve applied for a new merchant account with Amex and signed a Merchant Services Agreement on the 23rd of March 2018. The Amex team knew the history with Curve but were very happy to start working with us again. In fact the leadership team at Amex Europe were supportive and engaging and we jointly came up with the traditional top-up (prepaid) model approach that Curve launched this week.

In particular, I personally spoke with Amex’s Head of Merchant Services in Europe, who gave his support and endorsement to our plan, understanding that the top-up model they requested differed markedly from how we operate with other card networks. He was happy to have this distinction.

Aside from having a standard merchant agreement with Amex – allowing Curve to accept Amex cards like any other merchant – Curve never had a formal ‘partnership’ with Amex, nor have we sought such an arrangement.

On the 19th of November, we re-launched Amex to a small group of Curve customers, as we do with any product (‘Closed Beta’). It is important to note that the Closed Beta wasn’t part of an agreed roll-out with Amex, nor was there ever a discussion on needing permission from Amex to roll it out to our customer base. Based on the agreement with Amex from March 2018 and the information we had, Curve could have rolled out Amex support to all its customer base in November – when the MVP was ready. The Closed Beta results were remarkable. Around 500 customers topped-up over £1 million in less than a month and their activity on the Curve platform increased by 25%.

Daily communication with Amex employees was nothing but positive and encouraging throughout our Beta launch. They did express a desire to be involved in our launch communication plans and requested a meeting to align communications prior to our wider launch. The meeting was postponed to early January and then moved again at their request to Monday 21st of January. We continued to push back our main Amex launch accordingly, in order to respect their wishes.

The Meeting on Monday 21st of January

The official reason given for this meeting was to discuss Curve’s PR strategy for the main Amex (‘Open Beta’) launch, knowing that we planned to launch shortly. Instead, to our surprise, the Amex team stated that they were unhappy with the Beta, acting as if it were a joint operation. Amex raised concerns over customer experience without giving more details. This flew in the face of the data we had collected and our direct customer feedback.

To be absolutely clear – this was the first time Amex ever mentioned any uneasiness with the integration, and it was never the case that we required Amex approval for the launch. Curve received written approval to launch Amex support in Curve the moment Amex signed the Merchant Service Agreement.

We reminded Amex that strictly speaking we did not have a partnership but rather a Merchant Service Agreement, and if they wished to terminate it, the contract required Amex to give Curve 180 days’ notice. Moreover, we shared our legal opinion that by doing so they might be in breach of payment regulations and could demonstrate clear anti-competitive behaviour if they prevented Curve from accessing the Amex network – as they allow exactly the same functionality to other merchants, such as Paypal, Upay and Yoyo Wallet.

The meeting finished without Amex giving us any formal notice and we agreed to continue the conversation at their offices at a later date.

Amex Launch vol 2

Our launch was planned for Monday 28th January. With this in mind, we decided to regroup to reflect: what would be best for our customers? Should we delay yet once again to an unspecified date, or launch? We decided to move forward with the launch for several reasons. Our Merchant Services Agreement was perfectly valid and our top-up mechanism was known and agreed-upon with Amex. Moreover, our legal advice told us we were protected by regulations, and Amex were unable to prevent Curve from accessing its network.

The first day of the Amex launch was remarkable. Curve customers, especially those who were already Amex cardholders, gave us positive feedback on social media, and spent more than £450,000 on Curve via Amex in one day.

Then, the bombshell. On Tuesday 29th January at 4.46pm UK time, Amex notified us that they were terminating their Merchant Services Agreement with Curve with immediate effect. With that move, and based on legal advice we received, Amex breached their contract with Curve, failed to give appropriate notice, breached PSR regulations, and demonstrated clear anti-competitive and anti-innovation behaviour. Most importantly, Amex seemed to show a total disregard for its own customers’ interests.

Next Steps and What You Can Do to Support Us

We know that without your help we wouldn’t have achieved the heights we have reached to date. With your interests in mind, and our mission to deliver a truly innovative product, we intend to challenge Amex’s decision. We believe financial freedom is the future and we are prepared to fight for yours. This is not really about Curve or Amex; this is about you. It is about putting the customer at the centre and fostering a level-playing field in the financial space.

To be clear, we are not asking you to slander Amex – we are still trying to understand the reasons behind their actions and hope to reach a commercial resolution. We have already sent a letter to them to reconsider their decision and have given them reasonable time to comply. Failure to do so will mean that we will be forced to exercise our rights in the courts and to submit complaints to the relevant regulators in the UK and Europe.

You can support our cause by tweeting to the PSR and FCA, and letting Amex know your thoughts. Explain the benefits you see in supporting Amex in Curve, how it increases competition and choice, and request to review their decision.

We’re sorry for any inconvenience caused to Amex cardmembers, and we hope to resume Amex support in Curve soon. We will update you as soon as we have any further information.”


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Comments (285)

This article is closed to new comments. Feel free to ask your question in the HfP forums.

  • CV3V says:

    Amex threaten to pull merchant agreement.
    Curve think they have 180 days to use/abuse/renegotiate with amex – and launch new features anyway/in hope/fingers crossed.
    Amex cancel agreement.

    As a Curve Black, joined late last year, Curve offered a new subscription product but no pro rata refund on membership fee if I upgraded. Seemed poorly thought out, so I steered clear. But now, as a Curve Black, they have sent me an insurance policy for annual travel insurance – a benefit of the new subscription scheme (which I am not on, paid old annual fee).

    • Graeme says:

      I got that too – and I’m on the original blue!

      • CV3V says:

        it doesn’t inspire confidence does it! Either in Curve, or the validity of the policy!

    • Hector says:

      In the email they sent to people on the existing product they said exactly whats happening – they have upgraded you to the subscription product. You get three months for free after which you can opt to move back to the legacy benefits.

      Keep an eye on emails for them – you’ll likely start getting charged in three months if you don’t do anything about it.

      • CV3V says:

        But why should I be charged when I paid an annual fee of £50 back in October!

        • Callum says:

          You didn’t pay an annual fee, you paid a one off fee. You can keep your existing card and benefits for as long as you like.

          I don’t think it’s particularly fair to be so indignant when you don’t even know what you signed up for, nor have you read the information they sent you about the changes.

        • Big Dave says:

          But you got a Tumi wallet worth £50 ….

        • CV3V says:

          @ Callum – no one is being ‘indignant’. I didn’t ask for a free trial upgrade – it was done the second i opened the app, and (from reading their emails, of which i had 4 to go through) i then need to confirm to them i don’t want the Curve Black subscription after the trial has ended (again, which i didn’t ask for).

          Regardless of the £50 being a one off fee or not, my point is that £50 for 3 months of use of Curve Black isn’t good value (£16.66 pcm) and Curve haven’t considered this. It detracts from moving to the subscription service and forces me to notify them i want to revert to ‘Curve Black Legacy’.

          And as for the ‘wallet’, its the first wallet i have ever had that doesn’t take notes! its a cardholder only.

      • Alan says:

        No, their plan is to drop to Blue if you do nothing. You’ll have to actively contact them if you want grandfathered Black. You won’t automatically start being charged for new Black.

        • John says:

          Did you have that confirmed by Curve? I don’t remember reading that anywhere in their email or community post. It just said that if you don’t choose to subscribe you can keep your current benefits.

          I received the same response when I contacted support (prior to their email and post).

          • Alan says:

            Confirmed in a web conference they held for some community members last week.

      • Alex Sm says:

        Not clear when I should notify them about my wish to stay on the legacy Black (I have it for free anyway!) – now straightaway of after 3 months? Wary that they can charge me for the first ‘paid’ month before I blink

    • Big Dave says:

      no one believed me when I said they launched to open beta knowing Amex was going to pull the plug ….

  • Waddle says:

    Just my 2p:
    This is a prime opportunity for Revolut to come in and secure a deal with Amex and sweep up all the disappointed Curve users. The deal doesn’t even have to be as ambitious as the one Curve had with Amex – maybe something like a £500/mo top up limit for premium users, £1,000/mo for Metal users. It gives Amex members an opportunity to use a Visa/MC for certain transactions. But with limits low enough so not to be flooded by points earners like us. Revolut already has the other functionality like Interbank FX and insurance.
    I dunno, just a thought.

    • Callum says:

      If they won’t let Curve do it, they won’t let Revolut do it.

      • Derek Broughton says:

        More pointedly, if they won’t let Curve do it, they _can’t_ let Revolut do it. I think Curve has a good legal case, and if Amex came to any agreement to let Revolut access Amex it would only strengthen Curve’s case.

      • Alex Sm says:

        But why do they allow Yo-yo or Paypal then?

    • Symon says:

      I really don’t think it’s a big deal for Amex. Looking at social media, most people seemed to be signing up to Curve just for the metal card so they could “flex”. That type of person probably isn’t worth much to Amex.

  • CV3V says:

    If I top up from Amex to Curve £1 and then spend that £1 using Curve. The retailer has to pay a service fee of how much to Curve? How much do Amex get from Curve? How much does it cost Amex to then issue 1 MR point or 1.5 avios? What is the cost for the Curve loyalty scheme?

    If Amex to Curve spiked at £450K in one day, without warning/notification from Curve to Amex (??) I can understand Amex putting the brakes on it.

    The scope for artificial spending on an Amex was going to be huge even without HMRC etc. and those methods remain via, say, Lloyds Avios MC or IHG.

    • Rob says:

      Amex is already stuffed. The BA Amex is fee capped – Amex get 0.3p, pays out 1.5p.

      • Chris says:

        Amex was even more stuffed if Curve allowed people to massively increase their spend, eg. a six-figure amount to HMRC costs Amex at least £1200. I can see why Amex got upset.

        The same amount charged to a MR-earning card is not so bad for Amex. It’s unsustainable for Curve, but I expect they intended to manage that by trying to keep gold/platinim Amex users on lower spending limits (it was never unlimited use, that was an ASA complaint waiting to happen).

        Either way, 0.3% or 0.8% fee in at the front end and 1 MR or 1.5 Avios out at the back end was not a viable business proposition for at least one of the two companies involved. It was never going to last.

        • Shoestring says:

          You don’t know how much of the cost to Amex was offset by Curve’s fee (payable to Amex)

      • shd says:

        I’m being a bit thick. Are you saying Amex have to pay 1p in order to issue 1 Avios?

        • Shoestring says:

          @shd That’s what HfP estimates, yes. HfP has had many convos with Amex Marketing people over the years so I guess this is pretty accurate.

        • shd says:

          Oops, blocked due to mentioning the Site Which Must Not Be Named. I’ll try again.

          Given we consumers can often buy Avios at or below 1p for a handful, how could Amex possibly pay BA/IAG a net price of 1p given the volume? Sure, Amex (and/or IAG) might list 1p in their books to keep the accountants happy, but what other money is changing hands as a part of the Amex-BA/IAG Avios deal?

        • Shoestring says:

          loss leaders

          BA ‘selling’ them @ 0.8p doesn’t count (eg Avios + Money options on reward flights)

          Groupon sometimes get to 0.84p, but that is a very limited quantity of 2000 packages that soon fills/ gets pulled – loss leaders

          that other site effectively costs you 1p or 0.95p (premium members) – so the site is probably more or less covering its costs

          Tesco: 1 CC point = 2.4 Avios, must cost them c.1p/ Avios as well so they are in theory subsidising you vs the people who redeem CC points in store – but the latter are numpties who subsidise the likes of Avios/ Uber converters so I guess overall Tesco could argue it averages down to an acceptable redemption cost

        • Brian says:

          I thought this debacle finally answered that question.
          Isn’t the answer 0.65p…?

        • Rob says:

          Yes, close to that.

        • John says:

          Why should it be 0.65p?

    • Patrick O'Brien says:

      You are right. It is down to what it is costing Amex. Curve need to agree the maths with Amex and it will be back on track. But the breach of the services agreement?

    • CV3V says:

      Topped up my savings account today, used a debit card to do it…….

  • Nim says:

    Curve charge customers to use Amex. Why would Amex accept another company making money from their customers by linking to their service!

    I like the theory behind Curve but don’t agree with their charges (i.e. taking advantage of customers due to Amex not being accepted everywhere).

    • Brian W says:

      “Why would Amex accept another company making money from their customers by linking to their service!”. Because they are also getting a fee for every top up made to Curve???

      This would ironically be a fee derived indirectly from merchants who don’t accept Amex themselves, only possible from the transactions subsequently made with these merchants using Curve’s Amex wallet balances.

      There are loads of other reasons Amex may have objected but answers your question.

      • Nim says:

        That makes sense. But it still annoys me. I can make 0.5% cash back from Amex but have to pay 0.65% to Curve. Some or all of which will got to Amex.

        This is a specific example. Obviously there are other members making more than 0.5% with Amex and it works for them.

        • Bazza says:

          There will be loads of people who don’t fully understand what they are doing but discovered this was an easy way to some free money.

    • Callum says:

      They charge you because they are (well, were) charged by Amex. Why do you think they should act as a charity and pay the charges for you?

    • Am says:

      If that’s the case then why does’t mastercard or visa have a problem then? Is it because amex issue cards while visa and mc do not. Why isn’t visa upset that if people use curve its all going through mc. All my cards are visa. Amex are full of sh*te hence I’ve never used them. They charge retailers more hence why they could offer rewards etc… now with the cap it looks like these rewards are worth much less for amex.

    • Alex Sm says:

      I thought they were just splitting that 0.65% fee and the whole disagreement was on the proportion of the split with Amex being disproportionately greedy, no?

  • Rob Walker says:

    I know some people have already mentioned that they got a fraud call from Amex regarding Curve charges, Tonight I’ve had an email along similar lines. But get this.. It’s for a test transaction I did yesterday. I.e. well after the plug had been pulled! I can click yes or no in the email to let Amex know if it was legit or not. I clicked ‘yes’ but it takes me to a web page telling me the matter can’t be resolved online and I should call.

    I don’t think either Curve or Amex have come out of this looking good, but the fact that Amex are proactively marking the transactions as fraud is pretty bad on their part and seems somewhat vindictive at this point. I wonder if it’s an effort to starve Curve of the funds? A £1900 Curve top up on my platinum made on the 28th is still showing as pending. The transaction I received the fraud alert for was £10 on my BAPP.

    • Ian M says:

      I know 3 people who have received emails from Amex flagging Curve top ups as potential fraud. Something strange is going on.

      I haven’t received such an email, but all my top ups are still marked as pending.

      • Shoestring says:

        I guess paying off one credit card with another via Curve *is* fraud writ small, more like deception/ breaking the rules in reality – if this aspect of Curve’s operation could theoretically form part of any legal defence required to justify Amex pulling their relationship/ contract getting annulled, Amex are possibly just being canny 🙂

        • Shelly says:

          The t&c’s for the Amex top up will not allow you to pay a credit card. I tried to pay a curry’s your plan and it blocked that too.

        • Rob Walker says:

          Is it fraud, really? Both my Creation card and my wife’s Next credit account specifically allow me to pay the bills using a credit card. I’m sure it IS against the rules in a lot of cases though.

          In any case, my payment was to HMRC, and because of the top up mechanism, Amex have no way of using what it was for.

        • Anna says:

          It’s not fraud – there is a huge difference between committing criminal deception and breaching the terms of a credit card agreement. For it to be fraud you would have to gain a tangible, material benefit (and loyalty points are not considered to be tangible property) – simply shifting debt from one institution to another does not constitute this.

        • the_real_a says:

          That ridiculous. In no way is it fraud, in fact there is even an MCC for credit card payments…

      • James says:

        Just looked and mine too are showing pending on Amex, unuaul given it’s days later now. Yet I’ve got “your payment has been received” confirmation emails from HMRC for the two Curve (linked to Amex BAPP) payments I made. Is there a possibility that Curve have paid out to HMRC (my wallet balance is now zero) but Amex have put a stop on paying Curve – I thought the whole thing was real time?

        • Rob Walker says:

          I think that’s exactly what’s going on. Curve have paid HMRC, AND amex haven’t paid Curve (yet). I doubt the whole thing was ever supposed to be real time.

          My £1900 HMRC payment from Monday is still pending this morning…

        • Rob Walker says:

          Not sure how/why I capitalised ‘and’ 😁

        • Dave says:

          Same – £300 top up from Amex showing as “pending”, and another for a few hundred on a different card showing the same. But like others I’ve got receipts from HMRC so someone’s lost some money… it should be me but who can tell?

        • Mr Dee says:

          Well as Curve threatened legal actions they probably thought that they could add the money to the claim as well and not pay them perhaps

        • Alex Sm says:

          Let me tell you my story and happy to hear your comments as many are in similar situation I guess.
          I topped up Curve via BA Amex (Blue) on 28 Jan – £250. The funds came through to Curve immediately while Amex still displays them as pending. I wanted to go back in history with one of the charges made later that day via Curve from IHG card but it didn’t allow me.
          Then the whole debacle with Amex stroke. I freaked out a bit and bought a discounted suit from a reputable merchant using Curve and Amex balance, the transaction went through ok and my delivery is on its way.
          BUT – this purchase triggered an auto-top-up of my Curve account with £200 payment from Amex. It is displayed in the list of Curve transactions but there is no £200 in my actual balance and Amex does not display it either.
          And I am not sure what to do with the small amount still sitting in my account – I can’t find anything which would cost exactly £14.85 to pay an clear up the balance in full.
          What do you think?

        • Alex Sm says:

          Another thing which is not clear is what happens if I return my purchase and get a refund? will it be refunded to Curve and go back to Amex ‘purse’?

        • luckyjim says:

          Refunds are a bit messy with Curve at the best of times. That why I only use it for small purchases and err…well…never mind.

          Use the £14.85 to top up a gift card balance – Amazon, Starbucks, anything on Zeek Shop etc.

      • Rob Walker says:

        I just got a call from them regarding the £10 charge to my BAPP a few days ago. As I mentioned above, the transaction in question didn’t go though as it was AFTER Amex blocked Curve. So it seems like the way they blocked them, at least to start with was to automatically mark them all as likely fraud. Bizarre.

        I would have given him a piece of my mind, but he didn’t sound like he was based in Brighton, and didn’t seem to have any idea what Curve was. So I just confirmed it was indeed genuine. He said I can now retry the transaction and it will be approved 🙂 I doubt it somehow!

      • the_real_a says:

        Its not really that surprising. I would think they have now listed curve as a “banned” merchant on their systems, and internal processes require the pro-active checking of previous transactions. I would imagine that this process is also used for bankrupt and scam merchant (not suggesting curve is either) so you can understand how the process might work.

    • Grant says:

      My AMEX top-up of £100 to Curve on 29/01 is also still showing as pending whereas all other transactions on AMEX that day have cleared.

  • Alex says:

    What I don’t understand in all of this is why is Amex reacting only now. It’s not like Curve announced Amex support out of the blue on the 28th. They had been talking about it in *very* certain terms since November (“Amex is coming back”, etc.). There was nothing stopping Amex from challenging Curve’s communications back then regarding Amex support and perhaps clarifying things. It just seems disingenuous to cut support at the last minute while acting that all of this was almost completely unknown to them.

    • Callum says:

      Did you not read the article?

      It clearly says Amex and Curve have been working together throughout the Beta, and that after reviewing what happened during the Beta Amex decided not to go ahead yet Curve pushed on anyway. It’s a sudden reaction from Amex because Curve launched it suddenly with a few hours notice.

      I doubt Amex took much notice of what Curve was advertising throughout the period – it’s not their job to vet the advertising of other companies.

      • Alex says:

        I guess I was thinking aloud here. From Amex’s side of the story, they’re acting like all they knew about is a closed beta. I doubt that a brand as big as Amex would not take notice of a company like Curve building up hype Amex support.

      • Derek Broughton says:

        I disagree. That’s not clear from the article _at all_. On 21st, Amex said they weren’t happy with the Beta, and Curve told them that they needed to give formal notice that they were revoking the agreement: which they didn’t do. The article definitely didn’t say that Amex had “decided not to go ahead”, and in fact said they’d talk more.

        Moreover, it would be extremely poor business practice on Amex’s part to take part in the Beta without paying attention to what Curve was saying, publicly, was going to happen.

  • Ryan Gawn says:

    Thanks for the update. It sounds like social media pressure would be a positive step in demonstrating the extent of customer feeling / support on this. Please RT this tweet below (or create your own) which will alert Amex, the FCA and PSR to your views!

    Curve and @AmexUK customers demand that @AskAmex #BringAmexBacktoCurve and @TheFCA & @ThePSR help @imaginecurve in their fight for our financial freedom. I love my @AmericanExpress and want to use it even more. Pls RT if you support!#OpenBanking @UKOpenBanking #FreeYourMoney

    https://twitter.com/ryangawn/status/1091204955996737536?s=21

    • Mark2 says:

      I am struggling to decode the pun in your name; can you put me out of my misery please?
      It must be something to do with ‘I work for Curve and am worries about my job’ or are being paid by Curve.

    • Clockwise says:

      And what, pray tell, what do you expect the FCA to do? Do you not realise that Curve don’t have a leg to stand on, so have resulted to the most desperate moves, sending their followers (sorry, customers) to hound numerous organisations online… this is akin to cyberbullying.

      • Clockwise says:

        Try that again without the typos. TGIF!

        And what, pray tell, what do you expect the FCA to do? Do you not realise that Curve don’t have a leg to stand on, so have resorted to the most desperate of moves, sending their followers (sorry, customers) to hound numerous organisations online… this is akin to cyberbullying.

  • Mikeact says:

    Their statement sounds very reasonable to me.

    • Lady London says:

      +1.
      I hope Curve gets some compensation. It does feel like there has been some bad faith here on the part of American Express.

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