Consumer complaint received 2021-12-27
Company: AMERICAN EXPRESS COMPANY
State: TX
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Deposits and withdrawals

Complaint:
Opened this account with American Express Serve debit/credit card with attached checking account ) about XX/XX/XXXX. This card requires that the user show identification when the card is used, however, I or other users not often asked. Over the almost 5 years I have had this account pilfered ( robbed ) by XXXX individuals in XXXX separate incidents in which I have made police reports and submitted Declaration of Fraud forms to American Express Account Protection/Fraud Department regarding fraudulent activity on this account ( XXXX, XXXX and now again in XXXX ). Please see my complaint from about XXXX this year ( complaint # XXXX ). I was referred by the Office of the Comptroller of the Currency to your agency. It is my understanding that this case with your office has been closed. Now almost {$20000.00} in XXXX years has been stolen from this account ( since XX/XX/XXXX ) and American Express has never refunded one penny of stolen money. This account has Fraud Protection on it, therefore, American Express ( Serve ) is in Breach of contract on this. As is allowed by contract, I have reached out to an arbitrator for a solution on the first theft of XXXX ( pending with expected court date about XXXX or XX/XX/XXXX ). However, this complaint on the third incident of theft from this account has to do with fraudulent electronic transfers of funds from my AmEx Serve account to another account holder whose name I had never heard before XX/XX/XXXX when AmEx Customer Service Department told me a XXXX XXXX was transferring funds from my account into his own. I receive funds into my account by direct deposit. I have been working with detectives in Texas to try to prosecute the individuals who are doing these thefts, and AmEx is Obstructing by refusing to provide even temporary reimbursement of stolen funds into this account. I was told by AmEx that the first theft by this XXXX XXXX was about XX/XX/XXXX, but I didn't learn about it until about XX/XX/XXXX, long story short. At that time, I asked AmEx to not allow transfer of any funds from my account or allow any changes to my account such as address, phone number, email address and to flag the account for Fraud, which I was told by Customer Service rep that they would do ( via phone conversation ). Again, with " XXXX '' at Customer Service I requested the same on XX/XX/XXXX and sent fax to Fraud/Account Protection Department and letter to an address in " XXXX XXXX, Georgia '' which I was told I could do to try to expedite and clarify this Fraud situation. Yet, on about XX/XX/XXXX, AmEx allowed XXXX XXXX to transfer funds ( all ) from my account into his ) again. Then again in XXXX I phoned and asked AmEx not allow this to occur, flag the account for Fraud and not allow any more changes on the account, yet they let him do it again about XX/XX/XXXX. In XXXX I tried to close this account and was told that if I did so that they would halt the Fraud investigation ( whatever that entails ). Then I found out that the address I've been writing letters to in XXXX XXXX, Georgia was really " XXXX '' Georgia and that Customer Service reps had been lying to me for years about the address. Yesterday I tried to close this account again and was again threatened that if I did so, they would halt the Fraud investigation. Again, I believe AmEx is Retaliating for my complaint to your office, the Texas Attorney General, the FTC, the Texas Banking Commission, Office of the Comptroller of the Currency and other agencies. There are thousands of complaints against AmEx for this kind of treatment of customers if one reads the internet. I personally know XXXX individuals who are willing to attest to similar situations occurring with their accounts- like Breach of Contract, " losing '' funds - funds just totally disappearing or being sent into other AmEx customers accounts. Again, AmEx is committing Fraud, including under Texas Law especially in regard to Deceptive Trade Practices Act ( reference CGS-308966 with Texas Attorney General Office , still unresolved ). AmEx advertises these account as having Fraud protection on them, yet see what is happening? AmEx 's response to you guys letter to them earlier this year ( their letter dated about XX/XX/XXXX ) was that " no error occurred '' - this is their term for " transactions are authorized '', yet repeatedly I have informed AmEx and police that all the fraudulent transactions are NOT, THEY ARE IN FACT ALL UNAUTHORIZED without question. I have signed sworn statements to this effect. Often when one calls the Account Protection Department/Fraud Department and asks for a supervisor one is " disconnected '' - it happens so frequently that one becomes suspicious. Further, by keeping my direct deposits within the " umbrella '' of AmEx XXXX XXXX- this " XXXX XXXX '' account they are keeping those funds for their company. I truly believe there is a possibility there really is no XXXX XXXX or if there is, that AmEx is doing something really fishy. I am really distrustful of them right now. The lying about the address in XXXX, Georgia indicates something is very wrong. My email address on the original complaint with your agency has been hacked ( it was the same email address used on the AmEx online account ). My new email address is XXXX. My phone number on original complaint with your agency is XXXX - but now we can't pay that phone bill, so we have to use the XXXX, our business phone number. AmEx has also charged me ATM fees in violation of Contract on this account as have several other persons holding AmEx accounts. AmEx is being sued in at least XXXX class actions I have found on internet. Also, AmEx Account Protection/Customer Service reps often just straight out lie or try to argue facts, such as that transactions are authorized or or not.

Company response to consumer: Closed with explanation