Consumer complaint received 2023-08-12
Company: AMERICAN EXPRESS COMPANY
State: GA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Greetings, This is a complaint against the American Express fraud department. Ive been trying to assist the fraud department in resolving a theft against American Express that I happen to be entangled in simply because the thief in question fraudulently used my identity to open an American Express account. It is through the negligent business practices of American Express that this theft happened - not mine.

I have never had an American Express account never have and never will! Despite that, your fraud department has threatened me with a letter stating that I am liable for the theft of $ XXXX dollars from your company. A theft that was committed by another person. That is ludicrous! 

American Express has this situation so twisted. I did not steal from you! Someone else did! Simply because someone fraudulently used my identity to commit theft does not make me liable! I am sick and tired of your company threatening me and harassing me! 

This complaint is rather long but please read it because I do not know how to get your company to stop threatening and harassing me, potentially destroying/disrupting my credit, and potentially damaging my work clearance. 

My name is XXXX and I recently discovered that I was the victim of Identity Theft. I found out that I was a victim of Identity Theft on XXXX XX/XX/XXXX. It was on this day that I was at my bank ( XXX - Ive banked there for 30+ years ) discussing our ( My wife and I ) application for a construction home loan with our banks loan officer, XXXX XXXX. During our discussion, XXXX XXXX asked me about an American Express Account that was on my credit report which was indicating overdue by 90 days with an $ XXXX outstanding balance. I told XXXX XXXX that I did not have an American Express Account. He printed off the American Express portion of the credit report and gave it to me. After we finished our discussion, I went out to my car and contacted American Express that same day XXXX XX/XX/XXXX and made the fraud report ( I want to mention that the account number that was on the credit report differed from what your company had on file ). It was at this time, I The Real XXXX, gave your company my address and phone number. Unfortunately for me the victim, I also think it was at this time that your expert fraud investigators decided that they were just going to stick it to me, even though they had plenty of avenues ( with a little bit of work ) they could have used to identify the person that had stolen from your company and fraudulently used my identity. 

In subsequent conversations with your company about this matter, I learned from your representatives that there were two ( 2 ) fraudulent on-line attempts ( one that was successful ) to open an American Express Account in my name. One was in XX/XX/XXXX and the other in XX/XX/XXXX. This information coincides with the information contained in my credit report. I was advised by American Express that one of those on-line attempts was denied/closed because they were unable to reach the person when they attempted to contact them back. In my opinion, these back-to-back on-line attempts to open accounts using my name and social security number should have been a huge red flag for fraud. I also learned from your representatives that the person that opened this account in my name supplied your company with an address and phone number - both of which are not mine and have never been an address or phone number associated with me. During the time I was attempting to resolve this matter with American Express on my own, I became overwhelmed and decided to join an Identity Restoration Service ( Identity Force ) to assist me in this matter.

On advice from Identity Force, I filed a police report about the matter, I completed an FTC report online, I completed an affidavit with Identity Force outlining the circumstance of the Identity Theft. I made copies of my drivers license, passport, and our current rental agreement ( which indicated where I was living at the time this credit card account was open ). I then supplied all the above information to American Express. Confident this matter would be resolved, I finally felt like I could enjoy life again as this situation has been very unnerving and stressful for me.

Unfortunately, again, for me the victim, I received a letter from your expert fraud department, dated XXXX XX/XX/XXXX, saying that they were not accepting my claim since I made payment arrangements, and for that reason, I accepted liability for this account ( Dispute Reference Number : XXXX which, by the way, none of your customer service representatives was ever able to use to reference my case ). Upon receiving this letter, I contacted American Express and was advised by your representatives that yes indeed, that was the position of your companys so-called fraud department and that the account would soon be placed in collections. I asked your representative if I could have any documents that authorized the opening of this account and any documents that said I agreed to make payments. Your representative said that she could send me the documents but that she needed to verify my address. When I gave her The Real XXXXs address your representative stated that since that was not the address on file for the account, she could not give those documents to me. Your company representative did advise me that arranged payments were being made, or had been made, from an account with XXXX Bank XXXX XXXX ( phone number XXXX ) and perhaps I should contact them. I honestly felt that I was being " punked ''. I felt that to correct this crime against me the victim that I was going to have to do a XXXX XXXX and track down XXXX XXXX myself like in the movie Identity Theft. By the way, I contacted the above-named bank. There is no account with that bank in my name or my social security number. So more than likely the thief that stole from your company used their own account because the last time I checked to open a bank account a person is required to supply a picture ID. Feel free to pass that information on to your expert fraud team. Or better yet, do not open a credit card account without first requiring applicants to come to an office and produce a picture ID. This practice would surely, at least, slow down identity theft and keep people from stealing from you. 

But I get it Identity Theft is so rampant now that your company must be cautious in accepting my words and documents. If only American Express had been so cautious when you first opened this fraudulent on-line account - I could be enjoying life instead of trying to straighten this mess out and your company wouldnt be trying to steal money from me, in the way of collections attempts, to recoup your negligent losses. 

So now I am at an impasse I am begging your company asking you not to re-victimize me. Have your expert fraud department do just a little bit of work. 

I will be XXXX XXXX XXXX in XXXX. I am a XXXX XXXX XXXX XXXX XXXX Ive been banking at the same bank for XXXX years. Ive worked all my life. I have never been late paying a bill. Even though Ive sent your company plenty of documents that should prove I did not do this, I am willing to send you anything you need just tell me what you need to clear this matter up. I will give you a copy of my credit report, which will show that Ive paid off a house, have made on-time payments to all my creditors. Currently, my wife and I only have one credit card and it has no balance on it. I am retired from the military collecting retired pay and have a fulltime job. My wife works full-time as well. Our XXXX child is grown, is a fireman, and we have XXXX grandchildren. Why in the world would I open a credit card and make no payments on it. Please tell me what documentation I need to provide your company. Better yet, since I do not live to far from XXXX Florida, I am willing to make an appointment and come in person to XXXX XXXX XXXX XXXX, XXXX, FL XXXX ( An American Express Location ). I will bring any documentation your company requests to prove I, The Real X did not open this account. That way your company does not have to attempt to steal from me in the way of starting collections and your expert fraud team can actually conduct a real investigation and you can go after the person who committed theft from your company. 

I get that someone stole my identity, and I am damaged by them and right now I do not know who they are. But I do know the company American Express, and I think I can demonstrate that I have been damaged by your company too. I think your company demonstrated gross negligence in allowing this account to be open to begin with given the fact that two attempts to open an account in my name were made so close together and your company chose not to open one of them because they were unable to verify its validity. I think I will also be able to claim punitive damages in the way of pain and suffering. Ive been under extreme stress because of your company. Even after I reached out to your company and provided documentation which clearly showed I was the victim of Identity Theft, your company chose to send me a letter that stated I was liable for the monies that was stolen from your company by another person and had XXXX of your representatives act as your strong man and advise me that you were in the process of starting collections from me a crime victim. I am under stress because of your company and now I am under fear from your company. Even after all the attempts I made with your company to clear this matter up, your company is openly telling me they are now going to start to attempt to steal from The Real XXXX  - Victim in the form of collection attempts. That is threatening to me and makes no logical sense. Therefore, I have no idea what your company might attempt to do next against me and it scares me. If your company does start the collection process against me, I think I can easily demonstrate harassment. Lastly, my job requires a background clearance and if your expert fraud team only shuffled papers in their attempt to identify the real criminal that committed theft against your company and in the process my clearance is disrupted in any manner, after all of my attempts to clear this matter up, you can rest assured I will demonstrate damages on that matter as well. 

Awaiting you reply Sincerely, XXXX

Company response to consumer: Closed with non-monetary relief