Consumer complaint received 2023-12-12
Company: AMERICAN EXPRESS COMPANY
State: LA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Re : Breach of Contract-Failure to Arbitrate under the Claims & Resolution Agreement; Violations of Privacy Act of XXXX  ; 15 USC 6802 OPT Out Notice and Disclosures Failure ; Subject : Notice of Multiple FCRA Violations Dear Consumer Finance Protection Bureau ( CFPB ), I am writing to formally file a complaint regarding multiple violations of the Fair Credit Reporting Act ( FCRA ), Regulation Z, Privacy Act of 1974 ( 15 U.S.C.6805 ; 16 CFR 313 ) and for failure to arbitrate according to Terms and Conditions agreement provided by AMERICAN EXPRESS. 

Description of the Error : Failure to Arbitrate, Acceleration of Debt, Breach of Contract AMERICAN EXPRESS, failed to follow The Claims Resolution and Billing Error resolutions included in the terms and conditions received resulting in subsequent U.S.C and 12 CFR Regulation Z violations. 

American Express Representative Third Party Contracted Representative, XXXX XXXX : XXXX XXXX, Terminated XXXX Federal Judge for the XXXX XXXX, Illinois XXXX, engaged in misconduct during her management of the complaint filed against American Express Company on XX/XX/XXXX. This misconduct included untimely response, acceleration of debt, intentional failure to arbitrate, and breach of agreement. 

Specifically : XXXX ignored written notices sent to her on XX/XX/XXXX, regarding violations of Regulation Z,12 CFR 1026.13, which occurred after the initiation of the arbitration and failed to follow up on her own requests. ( See attached ) XXXX, as American Express failed to ensure compliance with relevant federal regulations designed to protect consumers and ensure fair lending practices in violation of XXXX XXXX XXXX. This conduct raises serious ethical concerns and warrants further investigation. 

Description of the Error : PRIVACY ACT OF XXXX VIOLATIONS After careful reviewed of the Terms and Conditions in the under credit card agreement, AMERICAN EXPRESS COMPANY failed to follow their own agreement under The Privacy Act of XXXX : 5 U.S.Code 522a Violations ; per the Privacy Notice in the Terms and Conditions of the American Express agreement XXXX, XXXX, and XXXX are all third party companies and non-affiliate companies by the definition included in the Terms and Conditions received from American Express ; Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. 
Again they need prior written instruction of the individual to whom it relates Failure to provide reasonable means to Opt Out Opt Out Laws 12 CFR 1016.1-PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 
15 USC 6801 Violation ; Not Included or Provided-AMERICAN EXPRESS COMPANY failed to provide reasonable means to opt out, neither-no initial opt out notice under 12 CFR 1016.4 Initial privacy notice to consumers as required and has never been received.

12 CFR 1016.7 Violation-Form of opt out notice to consumers ; opt out methods were never given to me resulting in violation of 15 USC 6805 backed by 16 CFR 313 for Opt Out Disclosures violations. American Express Company issued Over, 25 reporting records ; statements in violation of these Federal Rules and Regulations.

INACCURACIES IN MAIL ADDRESS Additionally, the current mailing address has been reported to AMERICAN EXPRESS COMPANY, however, in violation of the Terms and Conditions of the Privacy Act of XXXX, AMERICAN EXPRESS is continuing to provide inaccurate, false and misinformation regarding my address to XXXX, XXXX, XXXX who are all non-affiliate, third parties. 

Request for Action : These violations are of significant concern and represent a serious breach of the regulatory requirements set forth by the Consumer Financial Protection Bureau ( CFPB ). 

Pursuant to 15USC 6802 ; 16 CFR 313, 16 CFR 433.1 ; 15 USC 1681 ; I respectfully request that American Express Company take immediate action to correct these violations and to compensate the harm caused, I the consumer states : According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and as the consumer, I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' AMERICAN EXPRESS COMPANY is a financial institution by definition under that title. 15 USC 1681 604 ( a ) section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' AMERICAN EXPRESS COMPANY the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, AMERICAN EXPRESS COMPANY whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' AMERICAN EXPRESS COMPANY Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S.Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

Company response to consumer: Closed with explanation