Consumer complaint received 2019-10-03
Company: AMERICAN EXPRESS COMPANY
State: NY
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
I noticed an unauthorized charge on my American express blue card back in XXXX XXXX. Talk with XXXX XXXX at fraud protection department on XXXX XXXX at XXXX.She had no reason why account was shut down with no notice! I am writing to inform you that I intend to pursue legal action in the form of a lawsuit against your XXXX XXXX XXXX. I have repeatedly attempted investigate this fraud on numerous transactions never sign or authorized by me! 
TALK TO XXXX ID XXXX XXXX XXXX prepaid credit card shut down with no reason and no proper NOTICE and know have kept over {$320.00} of my money on my account. 
Charges place on account that have never been mine no sign contract nor any swipe of XXXX XXXX XXXX!!! 
Fraud Charge by XXXX XXXX {$75.00} AND {$5.00} ON XXXX XXXX AND XXXX XXXX TOTAL OF {$80.00} MISSING. I can not get into my account but all the Charges from XXXX XXXX FOR {$12.00} WHICH HAPPEND 5 TIMES! 

No Contract, Non-Consent, no signature and : The Fake Company is a Fraud! They do not send any book and steal your funds from your Credit Card! Scam Alter : XXXX XXXX XXXX XXXX XXXX, California, USA Tel : XXXX XXXX The Fair Credit Billing Act was passed in 1975 as an amendment to the Truth in Lending Act. True to its name, the billing act 's primary goal is to establish consumers ' rights when goofs occur on the bill unauthorized charges, fraudulent charges, math errors, billing addressing mistakes and the like. The Federal Trade Commission website lays out those rights in detail. For this matter, nobody signs any contract with the Attachment of the false Charges. The Federal Trade Commission ( FTC ) is the nations consumer protection agency. The FTC works to prevent fraudulent, deceptive and unfair business practices in the marketplace.

In addition, the Fair Credit Billing Act says that youll never be liable for unauthorized charges made while your card was in your possession. In other words, if the unauthorized charges were made with your credit card account information rather than your credit card, you wont be held liable if you still have physical possession of your credit card. See Per the Federal Reserve Board 's Regulation E, Electronic Fund Transfer Act.

Sue the company or take them to arbitration. Federal law permits you to sue the credit card company if it does not follow the dispute procedures discussed above or takes some action forbidden by law ( such as reporting a disputed amount as delinquent to a credit bureau ). However, your right to sue may be limited by a mandatory arbitration provision. Most credit card companies have slipped these provisions into their contracts ( probably one of those bill stuffers with tiny print that few consumers read ) that prevent you from suing a credit card company in court.

I make this affidavit to establish the fraudulent use of my card. I did not give, sell, or trade my credit/debit/ATM card, nor did I give anyone permission to use my card. I have no knowledge that my spouse or minor children made transactions on or after the date of the first fraudulent transaction. I did not receive any benefit from the unauthorized use of my card. 
I had always associated the name American Express with quality ; but, they have lost any resemblance to quality or trust in the workplace. I DID NOT make or authorize this charge. See Attachment.

Take Notice of Reinvestigation of this unlawfully matter with intent to file small claims in this matter.If you discover someone has made unauthorized charges on your credit card account, you should : Immediately contact the credit card company. ... If someone uses your lost or stolen credit card before you report it missing to the card issuer, you can only be held responsible for {$50.00} of any fraudulent charge. 
comparing signatures, requesting documentation to assist in validating the claim, requesting a signed written statement from the cardholder or authorized user, and requesting information about the cardholder 's knowledge of the person who allegedly used the card or of that person 's authority to do so. 
Electronic Fund Transfer Act The Electronic Fund Transfer Act is 1978 federal legislation that establishes the liabilities and rights of consumers whose funds are electronically transferred. Consumer protections include a mandate that all transaction fees for ATMs be displayed prominently on the machine and a prohibition on fees not properly disclosed. Consumer liability for unauthorized transfers due to card or PIN number theft or card loss is capped at {$50.00} if the customer notifies his bank within two business days. One thing that isn't clear to me is how someone got access to the card if no one is using it and it wasn't held by an employee. In your situation, I'd want to get to the bottom of this, so it doesn't happen again. The Electronic Fund Transfer Act allows banks and other financial institutions to place their own, voluntary caps on liability for unauthorized credit card charges and use of ATM and debit cards. 
Please take notice the Billing Address is XXXX XXXX XXXX XXXX XXXX # XXXX New York [ XXXX ]. The fake Merchant has engaged in violations of the FCRA and FDCPA! 
Further, I may be required to comply with a court order or subpoena to give testimony. I swear this affidavit is true and understand that making a false sworn statement is subject to federal and/or state statutes and may be punishable by fines and/or imprisonment. Thank you for your help.A card is deemed compromised when its information may have been exposed to a third party without your authorization. This happens after you use it at a commercial establishment to make a payment. When unauthorized people have access to your card data through a business, or private, public or commercial office.fraudulent charges to purchase that we never had business with this company is a complete joke the Customer service is in the XXXX islands and nobody fixes the problem all they do shut the car off and refuse to investigate the fraud there should be sanctions against this company!!!!!

Company response to consumer: Closed with explanation