Consumer complaint received 2021-04-17
Company: AMERICAN EXPRESS COMPANY
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I XXXX XXXX XXXX entered into a consumer credit transaction with American Express in XX/XX/2017. A Consumer credit transaction where the social security credit card was involved. Pursuant 15 USC 1602 ( l ) the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Pursuant 15 USC 1602 ( g ) ( 2 ) the term creditor refers only to a person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors Pursuant 15 usc 1602 ( g ). I am the original creditor in the consumer credit transaction I granted American Express the right to extend credit deriving from the open-end consumer credit plan. During the consumer credit transaction, a finance charge was involved. 15 USC 1605 defines a finance charge as the sum of all charges in a consumer credit transactionThe finance charge does not include charges of a type payable in a comparable cash transaction but American Express took monthly cash payments which is a violation of my consumer rights. Pursuant 15 usc 1692j ( a ) it is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Pursuant 15 usc 1692j ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 15 USC 1692 defines a debt collector as any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts or who regularly collects or attempts to collect a debt ... American Express sent monthly statements attempting to collect a debt but did not state they were attempting to collect an alleged debt. Pursuant 15 USC 1692e ( 11 ) The failure to disclose in the initial written communication with the consumer that the debt collector is attempting to collect a debt ... is a violation of consumer rights. American Express repeatedly violated my consumer rights by mailing statements with deceptive and misleading representations alleging I owed a debt. 15 USC 1692g ( c ) states The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer AMERICAN EXPRESS violated my consumer right limitlessly. Pursuant 15 USC 1611 Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter, or any regulation issued thereunder, ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

Company response to consumer: Closed with non-monetary relief