Consumer complaint received 2023-09-08
Company: AMERICAN EXPRESS COMPANY
State: MI
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I had an account with American Express that was closed due to error in XXXX. American Express agreed to reinstate the account once the balance was paid in-full. American Express sent the account for collection in late XX/XX/XXXX claiming the account was XXXX XXXX XXXX XXXX  days past-due. On or around XXXX XX/XX/XXXX I spoke with the collection agency and notified them that I had stopped receiving bills. The collection agency enrolled me in automatic payments and filed a billing error notice on my behalf, letting AMEX know I had not received statements. AMEX never conducted a billing error investigation and then transferred the account to a second collection agency in XX/XX/XXXX. AMEX notified me of the change and advised me to go through a different website to paymy AMEX bill. AMEX stated I simply needed my name and zip code to log into the system. The login information required turned out to be my name and full XXXX  ( XXXX ) digit card number -- for the card that was cancelled XXXX XXXX, and that would not be reinstated, with a different card number, until the balance was paid in-full. I filed a billing error notice and a complaint with the CFPB in XX/XX/XXXX. AMEX failed to conduct a billing error investigation within proximity to that billing error notice thereafter. I filed another CFPB complaint against AMEX in XX/XX/XXXX and a CFPB complaint against the collection agency around the same time. AMEX allegedy XXXX the account on or around XXXX XX/XX/XXXX. They neither conducted a billing error investigation, nor The collection agency responded in early XX/XX/XXXX clearly highlighting a litany of legal issues I'd raised surrounding AMEX handling of the account to include violations of the FCRA, FCBA, the ADA, and retaliaton for exercising my rights under those acts. They returned the account to AMEX effective XXXX XX/XX/XXXX and ceased all efforts to collect. AMEX brought the account current for XX/XX/XXXX sometime in XX/XX/XXXX or XX/XX/XXXX. The account continued to report as " pays as agreed '' until XX/XX/XXXX at which point AMEX began marking the account as XXXX ( XXXX ) days past-due. They then advanced the negative payment history by XXXX ( XXXX ) days until XX/XX/XXXX. I sent a billing error notice via e-mail to AMEX in early XX/XX/XXXX. The response I received stated the age of the alleged debt was too old for them to pursue and that a failure to pay would not affect my credit scores. AMEX then brought the account current in XX/XX/XXXX and but began reporting it as XXXX ( XXXX ) days past-due beginning XX/XX/XXXX. They have continued to advanced that reporting through present. The account allegedly reached a total of one-hundred XXXX ( XXXX ) days past-due in in XX/XX/XXXX, but is reported simply as a closed account with a past-due balance that increases at the end of every billing cycle, despite the account allegedly being charged-off on XXXX XX/XX/XXXX. AMEX provided a statement on or around XXXX XX/XX/XXXX claiming the errors in payment history were attributable to me having filed multiple billing errors and reiterated the account was charged-off in XXXX XXXX. AMEX responded to a complaint from XXXX on XXXX XX/XX/XXXX stating the account was not reported as having been charged-off because I was allegedly " enrolled in a payment relief program. '' I was not and am not enrolled in a payment relief program. If that were true, the payment history alleged, and furnished to the CRAs, by AMEX, would have caused me to be removed from the program after XXXX ( XXXX ) delinquent billing cycle. In fact, AMEX responded to a CFPB complaint on XXXX XX/XX/XXXX and acknowledged my issues with XXXX but within a few senetences denied any accomodations under a payment program. Moreover, on XXXX XX/XX/XXXX AMEX responded to another CFPB complaint stating " we are unable to locate a payment agreement from you. '' Overall AMEX has taken very little responsibility for the two ( 2 ) years of errors ultimately claiming in XXXX XX/XX/XXXX they " were not responsible for the way the CRAs were displaying the account information furnished. '' That is a tacit acknowledgement by AMEX that the information they are furnishing to the CRAs is false/misleading/inaccurate/incomplete under 15 U.S. Code 1681e, as interpreted by the Federal Court that has jurisdiction within my state of residence ( see : XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX ) . And, despite AMEX claims that they are not responsible, 15 USC 1681s-2 makes clear they are culpable in this matter because the preponderance of the evidence, composed of the statements on AMEX letterhead , the statements from the collections agent ( s ), and the payment history as displayed, would lead ANY REASONABLE PERSON to conclude the information furnished by AMEX is erroneous prima facie and is NOT being reported with maximum possible accuracy. XXXX allegedly deleted the account/tradeline in response to a CFPB complaint filed XXXX XX/XX/XXXX. However, XXXX and XXXX continue to close out their " investigations '' using the information furnished by AMEX at the end of each statement closing, claiming to the CFPB that their obligations under 15 U.S. Code 1681i ( 4 ) constitute " non-monetary relief. '' If that were the case the information reported would continue to be false/misleading/inaccurate. This is what I've experienced with AMEX over the past two ( 2 ) years as someone that had a platinum card until AMEX cancelled the account in XXXX after misapplying a payment. This is the hardship I have been subjected to by AMEX as a XXXX XXXX XXXX  that has additionally spent the past XXXX ( XXXX ) years recovering from XXXX ( XXXX ) separate battles with XXXX  and XXXX, both of which are also considered XXXX under the ADA.

Company response to consumer: Closed with explanation