Consumer complaint received 2023-08-05
Company: AMERICAN EXPRESS COMPANY
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX IL XXXX XX/XX/2023 AMEX XXXX Subject : Revocation of Consent, Request for Compliance with Fair Credit Reporting Act, and Alleged Violations of Additional Regulations Dear [ Credit Reporting Agency Name ], I am writing this letter to address a series of serious concerns pertaining to violations of the Fair Credit Reporting Act ( FCRA ) and related regulations, as well as other relevant statutes, and to assert my rights as a consumer regarding the privacy, accuracy, and integrity of the information being reported by your agency. 

As explicitly stated in 15 USC 1681 section 602 ( a ), the FCRA emphasizes the critical need for consumer reporting agencies to carry out their responsibilities with impartiality, fairness, and a profound respect for the consumer 's right to privacy. I wish to reiterate that XXXX and XXXX, being recognized as consumer reporting agencies, are bound by these stipulations, and it is incumbent upon them to uphold these principles. I, XXXX XXXX XXXX XXXX XXXX, am the concerned consumer, and I firmly believe in my right to safeguard the privacy of my personal information. 

Furthermore, 15 USC 6801 reinforces the importance of financial institutions respecting the confidentiality and security of their customers ' nonpublic personal information, particularly when such institutions furnish information to credit agencies such as yours. I maintain that, by definition, the entities responsible for furnishing information to your agency fall squarely within the ambit of these financial institutions.

It is imperative to highlight the crucial provision within 15 USC 1681 section 604 ( a ) ( 2 ), which explicitly stipulates the limited circumstances under which a consumer reporting agency may furnish a consumer report solely in alignment with the written instructions provided by the respective consumer. I emphasize once again that XXXX, XXXX, and the financial institution acting as a furnisher of information to credit agencies lack any form of consent, written or otherwise, to disseminate my private information. 

I hereby assert my unequivocal right to revoke any and all forms of consent, whether explicit or implied, that XXXX and XXXX XXXX have erroneously assumed. According to 15 USC 6802 ( b ) ( c ), the onus lies with the financial institution to duly inform the consumer of their option to exercise the right of nondisclosure. Regrettably, the ( furnisher of information to credit agencies ) has failed to fulfill this obligation.

In light of the violations as mentioned above, I wish to bring to your attention the pertinent clause within 15 USC 1681C ( a ) ( 5 ), which categorically forbids the inclusion of adverse items of information in a consumer report without the requisite authorization. It is my firmly held belief that the adverse item currently being reported in relation to my account is a direct violation of this statutory provision. 

Moreover, I draw your attention to the stringent stipulation of 15 U.S. Code 1681s2 ( A ) ( 1 ), which explicitly prohibits the provision of inaccurate information pertaining to a consumer to any consumer reporting agency. Based on this, I maintain a legitimate basis for questioning the accuracy and veracity of the information being reported by XXXX and XXXX. 

In accordance with 15 U.S. Code 1681e, it is mandated that every consumer reporting agency maintain reasonable procedures to prevent contraventions of section 1681c and to confine the furnishing of consumer reports to specific purposes outlined under section 1681b. It is my contention that XXXX and XXXX have clearly failed to uphold these reasonable procedures. 

Concurrently, I wish to bring to your attention additional statutes that pertain to my concerns : 31 USC 3713 : This provision emphasizes the government 's authority to offset debts owed to federal agencies. I assert that any attempt to offset debts by furnishing information to credit agencies must adhere to the provisions within this statute.

31 USC 5118 ( d ) ( 1 ) : This section outlines the stringent requirements for currency and security paper used for obligations of the United States. While seemingly unrelated, I believe it underscores the gravity of accuracy and security in reporting financial obligations.

50 USC 4305 ( b ) ( 2 ) : This provision pertains to the safeguarding of classified information. While distinct in nature, it underscores the overarching principle of protecting sensitive information, further accentuating the need for consumer reporting agencies to exercise the utmost diligence in their reporting practices.

In accordance with 12 CFR 1016.7, I am formally exercising my unequivocal right to opt out of your reporting services. It is my expectation that you will acknowledge this decision and promptly cease the reporting of my information.

I trust that you recognize the gravity of the situation and the potential legal ramifications. I strongly urge you to undertake immediate corrective actions to rectify the violations outlined above and ensure compliance with the FCRA and the additional statutes cited. Failure to address these concerns may necessitate further legal action to safeguard my rights as a consumer.

Your immediate attention and timely response to this matter are of utmost importance. I await your prompt and comprehensive resolution. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation