Consumer complaint received 2018-05-22
Company: AMERICAN EXPRESS COMPANY
State: PR
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
TO : CONSUMER FINANCIAL PROTECTION BUREAU [ COPY ] SUBJ : CLAIM NOTICE AGAINST AMERICAN EXPRESS ; LETTER OF INTENT TO SEEK JUDICIAL INTERVENTION AND ADMINISTRATIVE PROCEEDINGS FOLLOWING ( 1 ) BREACH OF CONTRACTUAL AGREEMENT AND ( 2 ) VIOLATION OF LAW/REGULATIONS/POLICY REF : ( a ) AMEX PLATINUM CREDIT CARD NUMBER XXXX XXXX XXXX ( CODE XXXX ) ISSUED TO XXXX XXXX XXXX AND XXXX ( MEMBERS SINCE XX/XX/XXXX ) ; AND OTHER AMEX PRODUCTS ( b ) CONSENT ORDER US CONSUMER FINANCIAL PROTECTION BUREAU AGAINST AMEX ( c ) The Servicemembers Civil Relief Act ( 50 U.S.C. 3901-4043 ; formerly Soldiers and Sailors Civil Relief Act ) Respectfully, referenced ( a ) allowed card holder to enjoyed certain benefits of greater economic benefits as compared to regular VISA and Master Cards, as traveling at Foreign Countries was involved. The Credit Card holder was an XXXX XXXX Military Member from XX/XX/XXXX until retirement on XX/XX/XXXX,  with a pattern of discrimination dating as far as XX/XX/XXXX, similarly as described within referenced ( b ). 

Prior to my military retirement, Credit Card holder/claimant encountered additional expenses related to that dramatic change of life, with some payments falling behind, but always covered when due notification by creditor was provided. As it pertains XXXX and XXXX XXXX, their statements were always covered, and retained, however, with the American Express Credit Card the contrary was encountered. A new pattern of calls commenced, with collection treats for Payments that were already to be paid on schedule, with hostile collection treats to suspend the Credit Card, which eventually occurred on or about XX/XX/XXXX. The word Puerto Rico immediately raised a red flag that provided lesser benefits, and with an Puerto Rico address it signified summary elimination of the Credit Card privileges. 

Despite 20 years of continued customer relation, their tactical advantage caused the Credit Cards to be rescinded, even when payments were made, with treats that they will never be reinstated. I never pursued AMEX benefits any further, following previous discriminatory encounters, aggravated by the fact that they were responsible for downgrading my Credit Status substantially. Such actions, linked to my separation to the Military Service were a complete violation of The Servicemembers Civil Relief Act ( 50 U.S.C. 3901-4043 ; formerly Soldiers ' and Sailors ' Civil Relief Act ). In addition, the treats of collection, plagued with discriminating statements as I had changed my Address of Record from Continental United States to Puerto Rico, caused AMEX to radically eliminate my Credit Cards ( AMEX PLATINUM and GOLD ). 

Their unnecessary collection practices were unbelievable discriminatory, that the US Consumer Financial Protection Bureaus Consent Order against AMEX falls short to describe what I had encountered. Subsequently, my Credit Report was substantially affected, and have encountered problems with my Credit Report history as a result of AMEX actions. Further, as it pertains to referenced Consent Order, I personally had to live thru these alleged discriminatory encounters with AMEX collections agents, legal staff and concierge services. To AMEX, the Island of Puerto Rico was considered a Foreign Country, or a Tribal location, without affording any kind of benefits under applicable Consumer Protection Laws. 

I can assure the US Consumer Financial Protection Bureaus Consent Order has been entirely disregarded by American Express, as it pertains to my particular case. I never received their Notice of Non-Compliance, nor their stipulated resolutions, as I would have taken an entirely different approach back then to obtain resolution and reinstatement of the Credit Card, if deemed appropriate. Their Compliance Plan and Redress actions have failed 100 % as it pertains to my particular case, without taking under consideration numerous violations to The Servicemember Civil Relief Act, not considered under the Consent Order. 

As we stand today, I can assure that AMEX Corporate Board either fell silence to the Consent Order, or willfully disregarded the mandates by making a complete payoff to alleged parties, or perhaps they lacked the necessary fiduciary responsibilities to manage their own affairs when face with Discriminatory Allegations that involves Race, Origin, Place of Birth and Economic Status. No matter how you see it, your Corporate Fiduciary responsibilities lacked an affirmative action policy to prevent encountered events resulting in economic damages to AMEX as a Corporation to redress encountered allegations. The expressed concerns entirely oppose your Corporate Mission Statement and Governance Framework. 

Despite the easy route of seeking a Consent Order, in lieu of Judicial redress by way of Class Action Complaint for encountered allegations [ Despite imposed Alternate Dispute Resolution to Card Holders ], Corporate AMEX and their Board members must understand that jurisdictions within the United States recognize the tort of Bad Faith Acts. Specifically, actions in which Corporate Financial Institutions can be held liable in tort for Bad Faith performance of their duties to Card Holder/Claimant. This tort has strong connections to the implied duty of Good Faith and Fair Dealing in contracts. The federal Uniform Commercial Code ( UCC ) defines Good Faith as Honesty in Fact and the observance of reasonable commercial standards of Fair Dealing ( UCC 1-201 ( 20 ) ). The expected Good Faith Acts are defined to exclude a variety of types of conduct characterized as 'bad faith ' because they violate community standards of Decency, Fairness or Reasonableness ( R.2d Contracts 205 ). To this date, as it involves my particular case, redress has not been obtained. 

Accordingly, I seek a full restitution of AMEX Platinum Credit Card Priviledges [ Yes, I fully Understand they are Privileges and Not Rights ]. Further, I seek just compensation in way of Military Reduced Annual Fees for AMEX Platinum Card members, and family. Redress must also be obtained with appropriate annotations within the Credit Bureau Reports, along with complainace to applicable mandates contained within Consent Orders. 

If I can be of further assistance with these matters, or to discuss particular events leading to this letter, please contact ( XXXX ) XXXX. 

Respectfully Yours I Remain, __________________________ XXXX. XXXX, XXXX Attorney and Counsellor at Law

Company response to consumer: Closed with explanation