Consumer complaint received 2022-06-10
Company: AMERICAN EXPRESS COMPANY
State: IL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Application denied

Complaint:
On XX/XX/2022, I, the consumer used my XXXX XXXX XXXX ( credit card ) to complete a public, online solicitation application presented by American Express National Bank DBA American Express to conduct a consumer credit transaction in good faith with American Express National Bank for American Express Gold Card consumer credit to obtain an open end consumer credit plan but I was denied a consumer credit card and open end consumer credit plan by American Express National Bank and received an electronic adverse action letter with a Terms, Conditions, and Disclosure from American National Bank.. From that application denial, electronic adverse action and Terms, Condition, and Disclosure I did not receive any equity from that consumer credit transaction while American Express National Bank benefited from it which is not equal to me. It saddens me to be mistreated and taken advantage of by American Express National Bank because they denied my credit application. Pursuant to 15 USC 7006- The term consumer means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and also means the legal representative of such an individual. As the consumer I have the ability to use my ALL CAPITAL NAME or ALL CAPS NAME which is an individual pursuant to 15 USC 3002 ( 1 ) person means any individual, association, partnership, joint venture, corporation, State or political subdivision thereof, department, agency, or instrumentality of a State or political subdivision thereof, or any other organization or entity ; that is connected to my credit card ( social security number ) pursuant to 15 USC 1602 ( L ) - The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit in order to conduct commerce and trade. 

As a consumer, I know pursuant to 18 USC 8- The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States , stamps and other representatives of value, of whatever denomination, issued under any Act of Congress , and canceled United States stamps. With that being said, I know I have the ability to extend credit to other persons pursuant to 12 CFR 215.3 Extension of credit : ( a ) An extension of credit is a making or renewal of any loan, a granting of a line of credit, or an extending of credit in any manner whatsoever, and includes : ( 1 ) A purchase under repurchase agreement of securities, other assets, or obligations ; ( 2 ) An advance by means of an overdraft, cash item, or otherwise ; ( 3 ) Issuance of a standby letter of credit ( or other similar arrangement regardless of name or description ) or an ineligible acceptance, as those terms are defined in 208.24 of this chapter ; ( 4 ) An acquisition by discount, purchase, exchange, or otherwise of any note, draft, bill of exchange, or other evidence of indebtedness upon which an insider may be liable as maker, drawer, endorser, guarantor, or surety ; ( 5 ) An increase of an existing indebtedness, but not if the additional funds are advanced by the bank for its own protection for : ( i ) Accrued interest ; or ( ii ) Taxes, insurance, or other expenses incidental to the existing indebtedness ; ( 6 ) An advance of unearned salary or other unearned compensation for a period in excess of 30 days ; and ( 7 ) Any other similar transaction as a result of which a person becomes obligated to pay money ( or its equivalent ) to a bank, whether the obligation arises directly or indirectly, or because of an endorsement on an obligation or otherwise, or by any means whatsoever. Any alleged debt or obligation of a debt arising from an extension of credit is the obligation of the United States and not I, the consumer. 

The letter from American Express Customer Care is an adverse action letter pursuant to 15 USC 1681a ( k ) ( 1 ) - The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. A CONSUMER CAN ONLY RECEIVE AN ADVERSE ACTION IN CONNECTION WITH THE DENIAL OF INSURANCE OR EMPLOYMENT AND I DID NOT APPLY FOR INSURANCE OR EMPLOYMENT ; I COMPLETED AN APPLICATION FOR A CONSUMER CREDIT TRANSACTION AND WAS DENIED BY American Express National Bank. I in good faith exercised the rights under title 15 pursuant to 15 USC 1691- ( a ) Activities constituting discrimination : It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( XXXX ) because the applicant has in good faith exercised any right under this chapter. 

The adverse action sent by American Express Customer Care directed towards me also said, Were writing to let you know we can not approve your application at this time because American Express cancelled your previous account ( s ). American Express Customer Care just admitted that American Express canceled my previous account ( s ) while the creditor is American Express National Bank. American Express and American Express National Bank punish me by closing an account which by 18 USC 894 Collection of extensions of credit by extortionate means- ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both. An account is a written list of transactions, noting MONEY owed and money paid ; a detailed statement of mutual demands arising out of a contract or a fiduciary relationship. An account can simply list payments, losses, sales, debits, credits, and other monetary transactions, or it may go further and show a balance or the results of comparing opposite transactions, like purchases and sales. Businesspersons keep accounts ; attorneys may keep escrow accounts ; and executors must keep accounts that record transaction in administering. I NEVER gave American Express or American Express National Bank the written or verbal authorization to close any previous accounts with American Express or American Express National Bank. Pursuant to 15 USC 1602 ( p ) - The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. The closing of the said account ( s ) that American Express closed did not benefit me in anyway nor was I compensated from American Express and American Express National Bank by sharing, referring, or selling my personal information for profit. I am the natural person who cosigned for the accounts. According to 16 CFR 444.1 ( k ), Cosigner. A natural person who renders himself or herself liable for the obligation of another person without compensation. The term shall include any person whose signature is requested as a condition to granting credit to another person, or as a condition for forbearance on collection of another person 's obligation that is in default. The term shall not include a spouse whose signature is required on a credit obligation to perfect a security interest pursuant to State law. A person who does not receive goods, services, or money in return for a credit obligation does not receive compensation within the meaning of this definition. A person is a cosigner within the meaning of this definition whether or not he or she is designated as such on a credit obligation. I would conditionally accept all charges of any alleged debt or obligation if American Express or American Express National bank can provide a contract with two signatures that I and American Express or American Express National Bank signed together. Most likely, American Express or American Express National Bank sold or wrote of the alleged debt and did not file taxes. Maybe a forensic audit may help American Express find out what they did with the account and account balance. The Application and Credit Card Agreement that American Express or American Express National Bank require each card member to forcibly sign pursuant to 48 CFR 16.702- Basic agreements ( a ) Description. A basic agreement is a written instrument of understanding, negotiated between an agency or contracting activity and a contractor, that ( 1 ) contains contract clauses applying to future contracts between the parties during its term and ( 2 ) contemplates separate future contracts that will incorporate by reference or attachment the required and applicable clauses agreed upon in the basic agreement. A basic agreement is not a contract. ( b ) Application. A basic agreement should be used when a substantial number of separate contracts may be awarded to a contractor during a particular period and significant recurring negotiating problems have been experienced with the contractor. Basic agreements may be used with negotiated fixed-price or cost-reimbursement contracts. ( 1 ) Basic agreements shall contain ( i ) clauses required for negotiated contracts by statute, executive order, and this regulation and ( ii ) other clauses prescribed in this regulation or agency acquisition regulations that the parties agree to include in each contract as applicable. The agreements that are signed are not real contracts ; they are instruments intended to use for monetary gain for American Express and American Express National Bank. In addition to 15 USC 6802 : Obligations with respect to disclosures of personal information- ( a ) Notice requirements -Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title, I already requested American Express , American Express Credit Department and American Express National Bank to respect the disclosure of my personal information pursuant to this code and still they are reporting, sharing, and revealing nonpublic personal information within the adverse action letter. 

Following the adverse action, I examined the Terms, Conditions & Disclosure that American Express supply to its applicants and cardmembers and I noticed that it did not provide me an electronic notice of right to rescind a transaction in the agreement or the Terms, Conditions, and Disclosure which proof American Express national Bank violated the E-Sign Act. According to 12 CFR 1026.23 ( b ) ( 1 ) Notice of right to rescind. In a transaction subject to rescission, a creditor shall deliver two copies of the notice of the right to rescind to each consumer entitled to rescind ( one copy to each if the notice is delivered in electronic form in accordance with the consumer consent and other applicable provisions of the E-Sign Act ). The notice shall be on a separate document that identifies the transaction and shall clearly and conspicuously disclose the following : ( i ) The retention or acquisition of a security interest in the consumer 's principal dwelling. ( ii ) The consumer 's right to rescind the transaction. ( iii ) How to exercise the right to rescind, with a form for that purpose, designating the address of the creditor 's place of business. ( iv ) The effects of rescission, as described in paragraph ( d ) of this section. ( v ) The date the rescission period expires. I also noticed that American Express or American Express National Bank did not clearly and conspicuously explain to me directly on how they came up with the annual percentage rate that they put in the Terms, Conditions & Disclosure which they are required to by 15 USC 1632 ( a ) - Information clearly and conspicuously disclosed.

I believe American Express National Bank forgot what their powers and duties of banks is. Pursuant to 12 USC 1431- Powers and Duties of banks : ( a ) Borrowing money ; issuing bonds and debentures ; general powers Each Federal Home Loan Bank shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all things necessary for carrying out the provisions of this chapter and all things incident thereto. My extension of credit to American Express National Bank was a loan to them to give security. As stated in the adverse action, the creditor is American Express National Bank and pursuant to 18 USC 656 -- Theft, embezzlement, or misapplication by bank officer or employee Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, depository institution holding company, national bank, insured bank, branch or agency of a foreign bank, or organization operating under section 25 or section 25 ( a ) [ 1 ] of the Federal Reserve Act, or a receiver of a national bank, insured bank, branch, agency, or organization or any agent or employee of the receiver, or a Federal Reserve Agent, or an agent or employee of a Federal Reserve Agent or of the Board of Governors of the Federal Reserve System, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or organization or holding company or any moneys, funds, assets or securities intrusted to the custody or care of such bank, branch, agency, or organization, or holding company or to the custody or care of any such agent, officer, director, employee or receiver, shall be fined not more than { >= {>= $1,000,000} } or imprisoned not more than 30 years, or both ; but if the amount embezzled, abstracted, purloined or misapplied does not exceed { {$1000.00} }, he shall be fined under this title or imprisoned not more than one year, or both. As used in this section, the term national bank is synonymous with national banking association ; member bank means and includes any national bank, state bank, or bank and trust company which has become a member of one of the Federal Reserve banks ; insured bank includes any bank, banking association, trust company, savings bank, or other banking institution, the deposits of which are insured by the Federal Deposit Insurance Corporation ; and the term branch or agency of a foreign bank means a branch or agency described in section 20 ( 9 ) of this title. For purposes of this section, the term depository institution holding company has the meaning given such term in section 3 of the Federal Deposit Insurance Act. It appears that American Express and American Express National Bank are breaking CFR, USC codes and laws which mean they are criminally and civilly liable and should be held accountable for their actions because this appears to be an elaborated scheme to convey false or misleading information to deter natural persons and consumers from extending and receiving extensions of credit to conduct consumer credit transactions with their open end consumer credit plan.

Company response to consumer: Closed with explanation