Consumer complaint received 2019-09-30
Company: AMERICAN EXPRESS COMPANY
State: MD
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
These are fraudulent collection opened by someone who stole my identity. 
Pursuant to the Fair Debt Collection Practices Act, Section 809 ( b ), Validating Debts : If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. ( Emphasis added ) Therefore I am disputing this debt because I do not owe it.

Because I am disputing this debt, you should not report it to the credit reporting agencies. If you have already reported it, please contact the credit reporting agencies, inform them that the debt is disputed, and ask them to delete it from my credit report. Reporting information that you know to be inaccurate, or failing to report information correctly, violates the Fair Credit Reporting Act.

If you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and Attorney Generals office. Civil and criminal claims will be pursued.

I respectfully request that you provide me with the following : 1. The amount of the debt ; 3. Verification or copy of any judgment ; 4. Proof that you are licensed to collect debts in Maryland ; 5. Proof that the original creditor attempted or contacted me regarding this debt ( certified mail, letter, etc ... ) I am asserting my rights under the federal and state Fair Debt Collection Practices Acts and the Fair Credit Reporting Act, including these rights : Because I have disputed this debt in writing within 30 days of receipt of your initial notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense.

You can not add interest or fees except those allowed by the original contract or state law.

Any attempt to collect this debt without validating it violates the FDCPA.

Couple years ago, I have lost my ID along with all my information which had all 3 bureaus place a credit fraud alert on my credit as a result of identity theft. As a result, on XX/XX/2018, I have disputed with the CFPB and have all the disputed items removed from my credit report. Now, enclosed is a copy of the FTC Notice to Furnishers of Information, which details your responsibilities as an information furnisher to credit reporting agencies ( CRAs ). As a furnisher, upon receipt of a consumers written request that claimed an Identity Theft, you are required to cease furnishing the information resulting from identity theft to any CRA. The Notice also specifies your responsibilities when you receive notice from a CRA, under section 605B of the Fair Credit Reporting Act, that information you provided to the CRA may be the result of identity theft. Those responsibilities include ceasing to provide the inaccurate information to any CRAs and ensuring that you do not attempt to sell or transfer the fraudulent debts to another party for collection.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware that I dispute the debt.

As a matter of fact, one of the disputed accounts just showed up in my credit report out of nowhere. It very reckless for reporting company to report something that was never on someone's credit report. 


Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation