Consumer complaint received 2023-03-15
Company: AMERICAN EXPRESS COMPANY
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I saw I had two accounts on my consumer report from American Express that I didn't recognize back in XXXX of XXXX. I immediately contacted American Express and let them know it was a fraudulent account, I was informed to file an identity theft affidavit, and a statement stating it wasn't my account. I sent American Express a Cease and Desist and statement that it wasn't my account and an FTC report about this fraudulent account. The FTC report number is XXXX. This was sent to American Express on XX/XX/XXXX. American Express received this via certified mail on XX/XX/XXXX. On XX/XX/XXXX, the two account were removed from my consumer report via report number XXXX. I didn't hear anything else from American Express. On XX/XX/XXXX, I received a civil lawsuit from XXXX XXXX XXXX XXXXXXXX ( GA ) about an American Express debt, account ending in XXXX with a balance of {$1800.00} and another account ending in XXXX with a balance of {$990.00}. I immediately called American Express at XXXX at XXXX XXXX and spoke with someone by the name of XXXX. I let him know what was going on and he informed me that the case was actually closed in XX/XX/XXXX and it was indeed a fraudulent account and I wouldn't have to worry about this going any further and they would contact the law office that Monday, XX/XX/XXXX, being that it was a Friday. I was also informed that I would be receiving this in the mail stating that this account was fraudulent and I wouldn't be responsible for this account. On XX/XX/XXXX, the XXXX XXXX Sheriff office came knocking on my door around XXXX XXXX trying to serve me a paper. I wasn't home at the time, so the papers were giving to someone else. When I was told that it was papers from American Express, I immediately called American Express. I do have the phone call recorded and I spoke with XXXX. I informed her what was going on and let her know that I spoke someone before about this issue. I told her according to law, American Express were required to send me documentation regarding these accounts, such as transaction records, documentation regarding the application and identification documents. I never received these documents, in fact I never received anything from American Express after I sent everything to them. XXXX informed me that she had to file another claim to do an investigation and the previous investigation was denied due to the fact that a payment arrangement was made on the account. I asked XXXX what account was used to make this payment arrangement and who or what number was called to make this payment arrangement and she informed me she couldn't go back any further than XXXX of XXXX on her end. She also informed me that a letter was sent out to me regarding this, I asked her could she provide me a date but she stated again she couldn't go any further than XXXX of XXXX. I told her this was unacceptable on American Express end and it was a big inconvenience for me due to the fact that I was dealing with this, and also I have to take time out of my day to call American Express and deal with a fraudulent account and American Express should be the one dealing with this. I also asked to speak with a manager, and XXXX told me that a manager wasn't available and they were only going to tell me the same thing that she told me. I told XXXX that was fine, I still insisted on speaking with a manager. XXXX put me on hold and came back and informed me that a manager wasn't available but she could issue a call back for a manager to call me back. I also informed XXXX that I would be filing a complaint with the CFPB and inform them on what was going on. I also asked what would I need to do about the civil suit, XXXX informed me to call them and inform them that another investigation was being made and let the law firm know what was going on. According to 15 U.S. Code 1681c1 - Identity theft prevention ; fraud alerts and active duty alerts American Express sold this account to a debt collector, and according to law if an account is a result of identity theft this account can not be resold to a debt collector. Which American Express did.

Company response to consumer: Closed with explanation