Consumer complaint received 2020-03-01
Company: AMERICAN EXPRESS COMPANY
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Credit inquiries on your report that you don't recognize

Complaint:
Please be advised this is my SECOND WRITTEN REQUEST. 

The unverified inquiry from AMEX remains on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditor 's documentation on file to verify that this information is mine and is correct. In your response to my first complaint, you sent a random document by mail and via the CFPB portal as your evidence. 

I have attached that letter to this complaint. This document DOES NOT qualify as verification by any means. Who verified this inquiry? Nowhere does it VERIFY that I personally requested credit from AMEX because I didn't. My signature is nowhere to be found on anything AMEX supplied in their response. 

Even the address on the document you supplied is incorrect as I DID NOT live in XXXX XXXX in XXXX, nor do I now in XXXX. As per the FCRA, there needs to be accurate and verifiable evidence that I made a credit request from AMEX. You have FAILED to provide that. Therefore, this inquiry needs to be removed IMMEDIATELY. 

As I'm sure you are aware, each instance of unverifiable, fraudulent, erroneous reporting on a consumer report is punishable by a {$1000.00} fine. The law is very clear as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply. I WILL escalate this to litigation if this is inquiry is not removed IMMEDIATELY. 

As I stated in my initial complaint, you, American Express, placed an invalid, unverified, fraudulent and illegal inquiry into my XXXX credit report without me authorizing your organization to view my credit history. 

This is a violation of Federal Law. You, American Express ( aka AMEX ) are knowingly reporting false information to XXXX. 

This inquiry is NOT MINE, nor was it authorized by me, and American Express has failed to verify it. Your actions constitute fraud under both Federal and State Laws : -Violation of the Fair Credit Reporting Act -Defamation of Character I've asked for verification TWICE. You've failed to supply verification TWICE. 

This inquiry is negatively affecting my credit report and score due to this company 's false reporting. You have FAILED TO PROVIDE ANY PERMISSIBLE PURPOSE. 

Since you do not have my authorization, written nor verbal, I demand that you DELETE this unauthorized and illegal inquiry from my credit report immediately as there is NO EVIDENCE OF ANY AUTHORIZATION, NOR ANY PERMISSIBLE PURPOSE. 

According to Section 604 of the Fair Credit Reporting Act Permissible Purposes of Consumer Reports 15 U.S. Code 1681b In general. Subject to subsection ( e ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction THAT IS INITIATED BY THE CONSUMER.

Under 15 U.S. Code 1681i, Paragraph ( 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall- ( i ) PROMPTLY DELETE The following inquiry is unauthorized : Made by : American Express Made on : XXXX Made with : XXXX I demand that this unauthorized inquiry be removed immediately.

Company response to consumer: Closed with non-monetary relief