Consumer complaint received 2022-01-11
Company: AMERICAN EXPRESS COMPANY
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
Notice to Principal is Notice to Agent, Notice to Agent is Notice to Principal and I am that I am, the consumer in fact, natural person, original creditor, lender, executor, XXXX, holder of due course for any and all derivatives thereof for the surname/given name ; XXXX XXXX XXXX and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a XXXX XXXX and autograph as the agent attorney in fact, so be it ; The fraud committed by AMERICAN EXPRESS is with respect to the informed use of credit and the violation of my rights as a consumer throughout XXXX. These are violations of Title 15 USC 1637a with respect to the open-end credit plan in reference ( Account Identifier : XXXX ) for the account ending in XXXX. In addition, from the use of deceptive forms I am holding all parties liable under 15 USC 1640 and 1611. To be clear, fraud has been committed by both AMERICAN EXPRESS and their counsel as well as a violation of due process by XXXX and Associates. The violation of due process includes the lawsuit from XXXX and Associates not including the signatures of all associates involved in the partnership. 

In accordance with 15 USC 1602 specifically under 15 USC 1602g this case is one in which an open-end credit plan involving a credit card was created due to a credit sale that was not communicated by AMERICAN EXPRESS ( 15 USC 1602h ) violating the Truth and Lending Act and constituting as fraud. The billing statements provided by AMERICAN EXPRESS per 15 USC 1602j under an open-end consumer credit plan does provide for a finance charge that may be computed from time to time on the outstanding unpaid balance, however, under 15 USC 1602g , honors the credit card and has offered a discount which is a finance charge. In order to validate this debt, I requested to know how the finance charge was calculated as well as the relevant tax forms. Congruent to 15 USC 1602 I am the natural person and original creditor and only natural person involved who, through this finance charge, made AMERICAN EXPRESS a creditor and thus I am the original creditor. This was never expressed in any form provided from AMERICAN EXPRESS and is another example of the fraud committed. In addition, 15 USC 1602l clearly states that the term credit card means any card, plate, coupon book, or other credit device ( in this case the SSN of XXXX XXXX ) existing for the purpose of obtaining money, property, labor, or services on credit. This was the device used in the hiring of the fiduciary AMERICAN EXPRESS and in the opening of the open-end credit plan. The demand of payment on a card that I have issued to a fiduciary that exceeds the finance charge ( 15 USC 1605a ) does not benefit me as the consumer and is again a violation of 15 USC 1602p constituting unauthorized use. In accordance with 15 USC 1602v material disclosures should include how the finance charge is calculated. In requesting the 1096 tax form, the XXXX, the INC and the XXXX for the related account I am well within my rights. The refusal to produce these documents is further proof of the fraud committed. AMERICAN EXPRESS has utilized my consumer report as a form of coercion in violation of 15 USC 1692c ( c ). 

After receiving notice from AMERICAN EXPRESS that there was an alleged debt held in my name ; I responded in accordance with 15 U.S. Code 1692g with a written cease and desist as well as a request for validation of the alleged debt at XXXX PM on XX/XX/XXXX. 

AMERICAN EXPRESS notified me via email on XX/XX/XXXX that they had received the cease-and-desist request, confirming that they were fully aware of my request and that they would cease collections until this issue had been resolved. No validation was sent in the month of XXXX from AMERICAN EXPRESS. 

On XX/XX/XXXX I was notified by XXXX and Associates via mail that there was an alleged debt in my name of {$4600.00} that they were attempting to collect on behalf of AMERICAN EXPRESS and they clearly advised that it was not a threat of suit but still an attempt to collect a debt. This is the first violation of 15 USC 1692d ( 5 ) and of 15 USC 1692c ( c ). This is also a violation of Title 15 USC 1692f ( 1 ). 

On XX/XX/XXXX at XXXX PM I was contacted via phone by XXXX and Associates in which I was informed that the call was an attempt to collect a debt. This is a clear violation of 15 USC 1692d ( 5 ) and 15 USC 1692d ( 2 ) as well as a violation of 15 USC 1692c ( c ). I advised XXXX and Associates of my cease and desist as well as my request for validation at this time. I also confirmed that I could use the email address XXXX for any further communications. 

Again, in accordance with 15 U.S. Code 1692g I requested the validation of an alleged debt from American Express file number XXXX. I communicated directly with their counsel XXXX on XX/XX/XXXX at XXXX PM and sent a validation request in writing after calling to confirm. 

My request in validation was for the AMERICAN EXPRESS, to produce copies of their 1096 tax form, their XXXX, their INC and their XXXX  in reference to the account listed so that AMERICAN EXPRESS could provide competent evidence that I have any legal obligation to pay this alleged debt and to give AMERICAN EXPRESS the opportunity to prove that a fraud had not been committed. This is to verify that informed consent was provided which to this point, was not. In addition, I had sent a copy of my cease and desist ; all done on XX/XX/XXXX at XXXX PM and copied the attorney general of my state. This was a violation of 15 U.S. Code 1640, 18 U.S. Code 2073 and 15 U.S. Code 1611. 

I then received a letter from XXXX XXXX XXXX XX/XX/XXXX with the File ID : XXXX where XXXX XXXX XXXX failed to provide any copies of AMERICAN EXPRESS 1096 tax forms, XXXX, XXXX or XXXX numbers for the referenced account. I received only advertisements, and what appears to be a billing statement with no further documentation which again is a violation of 15 USC 1692f ( 1 ). 

The next letter I received were from AMERICAN EXPRESS on XX/XX/XXXX noting that my account was in dispute. Furthermore, I was advised by AMERICAN EXPRESS in a separate letter that in order to receive my requested information I would need to provide additional information regarding my address. I contacted them to advise them that I was under no obligation to provide further information about my domicile and that they had all the information necessary to satisfy my request on file. 

I was then notified by a legal advertisement that American Express National Bank had filed a lawsuit against me in XXXX XXXX under case number XXXX violating the no standing clause of 15 USC 1692i ( b ) as there is no contract that was signed by me, administrator of the consumer, and that I am not a resident of XXXX XXXX XXXX XXXX or of XXXX XXXX. The location information held by AMERICAN EXPRESS is my place of abode and a mailing address only. 

The actions taken and illustrated above violate 15 USC 1611 ( 1 ) for the willful and knowing action of giving false and inaccurate information as well as failing to provide information that is required to be disclosed under Title 15. The publication of this personal information that led to legal advertisement to be sent to my abode are violations of 15 USC 6801a, 15 USC 6801b ( 1 ) and 15 USC 6801b ( 3 ). 

Lastly the attached documents and above description show evidence that the following criminal codes have been violated under title 18 : - 18 USC 1341 - 18 USC 1343 - 18 USC 1344 ( 2 ) - 18 USC 1345 - 18 USC 1346 - 18 USC 1348 - 18 USC 1349 - 18 USC 1350

Company response to consumer: Closed with explanation