Consumer complaint received 2022-04-02
Company: AMERICAN EXPRESS COMPANY
State: MS
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I entered a consumer transaction for open ended credit accounts,12 CFR XXXX ( 20 ), with American Express XXXX Platinum ( Account # XXXX ) and Gold ( Account # XXXX ) on XX/XX/XXXX. Pursuant to 15 USC 1602 ( g ) the term CREDITOR applies to the Person who originally extends credit and is the one the debt arises from during a credit transaction. A PERSON could be a Natural Man OR an organization according to 15 USC 1602 ( e ). So, I the consumer and original creditor extended credit to American Express, who then turned around to LOAN it back to I the consumer with interest which created the debt which means the obligation of the debt in fact belongs to American Express and by them attempting to collect on alleged debt they are not upholding their fiduciary obligations by extending I the consumer open end credit which directly affects interstate commerce. I placed my trust in American Express that they would ensure my consumer rights were protected and adhered to upon an extension of credit using my credit card ( social security number ) 15 USC 1602 ( 1 ) and my signature. 
The fourth amendment is intended to ensure that the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized, and American Express has violated my fourth amendment right. The Fair Debt Collection Practices Act is intended to secure my rights to privacy and American Express has breached my privacy. The Truth and Lending is intended to help the consumer avoid the uniformed use of credit and to protect the consumer against inaccurate and unfair credit billing and credit card practices and I, the consumer, did not receive meaningful disclosures from American Express. Pursuant to 15 USC 1681 ( a ) ( 1 ) The banking system is dependent upon fair and accurate credit reporting and American Express inaccurate reporting as well as their abusive, deceptive, and unfair debt collection practices are in turn affecting interstate commerce. 
On XX/XX/XXXX I sent American Express via certified mail ( Tracking # XXXX & XXXX ) an Affidavit of Truth, a Cease and Desist with my consumer demands, and a Bill of particulars listing all the violations on XX/XX/XXXX which was delivered XX/XX/XXXX @ XXXX AM. Upon receipt they have still made attempts to call which is in violation of 15 USC 1692c ( c ).

As expressed to American Express in the Affidavit of Truth, here is a list of violations they have committed : 1. They violated 15 USC 1605 ( a ) which states a finance charge is the sum of all charges and therefor have committed a crime pursuant to 15 USC 1611. 
2. American Express is in violation of 15 USC 1692b ( 2 ) stating I owe a debt by mailing monthly billing statements with coupons attached and making numerous calls in attempt to collect on alleged debt which Pursuant to 18 USC 8 all bills and coupons are the obligation of the United States.

3. American Express is in violation of 15 USC 1692b ( 5 ) by attempting to collect alleged debts through mail and placing their logo on the envelope and billing statements as well as language that indicates they are a debt collector. 
4. American Express is in violation of 15 USC 1692c ( a ) by contacting I the consumer via mail and telephone without my prior consent and 15 USC 1692c ( a ) ( 1 ) by communicating with I the consumer at inconvenient times during the week and weekends.

5. American Express is in violation of 15 USC 1692c ( b ) due to them communicating with third party debt collectors such as XXXX, XXXX and XXXX who are not defined as a Bureau pursuant to 15 USC 1692a ( 1 ) and pursuant to 15 USC 1681 ( a ) ( 3 ) Consumer reporting agencies have ASSUMED a vital role in assembling and evaluating consumer credit and other information on consumers. 
6. American Express is in violation of 15 USC 1692d ( 2 ) by communicating using what I the consumer deem to be obscene or profane language.

7. American Express is in violation of 15 USC 1692e ( 2 ) ( A ) by providing false, deceptive, and misleading representation or means in collection of alleged debt by mailing statements that state false representation of the character, amount, or legal status of the alleged debt, 8. American Express is in violation of 15 USC 1692f ( 1 ) by using unfair and unconscionable means to collect any amount of alleged debt. 
9. American Express is in violation of 15 USC 1692f ( 8 ) due to the use of language and symbol, other than their address on the envelopes mailed out monthly which indicated they were debt collectors.

10. American Express is in violation of 15 USC 1692g ( a ) ( 5 ) whereas they have not validated the alleged debt nor provided the name and address of the Original Creditor. 
11. American Express is in violation of 15 USC 1692g ( b ) because upon receipt of the cease and desist letter stating that the alleged debt has been disputed American Express did not cease communication or collection of alleged debt nor provide the name and address of the ORIGINAL CREDITOR.

12. American Express is in violation of 15 USC 1692j ( a ) for it is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

Company response to consumer: Closed with non-monetary relief