Consumer complaint received 2024-08-31
Product: Credit card — General-purpose credit card or charge card
Issue: Incorrect information on your report — Account status incorrect
Company: AMERICAN EXPRESS COMPANY ()

Previous case o XXXX Account Number XXXX To your response to case the fraudulent in itself is your company not and outside source. I am writing to formally dispute the continued reporting of the above-referenced account as delinquent on my credit report. This account was closed and declared as a tax write-off by your company. Reporting this account as delinquent is fraudulent and violates several consumer protection laws. 

Violation of Consumer Protection Laws Your fraudulent actions violate the following provisions under U.S. law : 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( a ) : Under this statute, furnishers of information to consumer reporting agencies are required to report accurate information. Reporting a closed account that was declared a tax write-off as delinquent is inaccurate and misleading.

2. Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692e ( 2 ) : This law prohibits false representation of the character, amount, or legal status of any debt. Continuing to report a closed account as delinquent misrepresents the legal status of the debt.

3. Federal Trade Commission Act, 15 U.S.C. 45 ( a ) : This act prohibits unfair or deceptive acts or practices in or affecting commerce. Reporting this account as delinquent after it was closed and written off is deceptive. 

Response to Your Rebuttal In response to case XXXX refute your claim that my payments on this account signify acceptance of liability. The payments were not made I s, with the belief that they were required to protect my credit score, despite the fraudulent nature of the continued billing. 

Further, your investigation stating that payments were made from my XXXX XXXXXXXX and XXXXXXXX XXXX  accounts does not justify asXXXX my account. the continued reporting of this account as delinquent. The fact remains that this account was closed, written off, and any additional reporting as delinquent is fraudulent and unlawful. 

Demand for Immediate Action I demand that American Express immediately cease reporting this account as delinquent to all consumer reporting agencies and correct the information with the following credit bureaus : - XXXX - XXXX - XXXX Additionally, I require a written confirmation from American Express within 15 business days that the account has been corrected and no longer reported as delinquent. Failure to comply with this demand may result in further legal action, including but not limited to, filing a complaint with the Consumer Financial Protection Bureau ( CFPB ) and pursuing litigation to enforce my rights under the aforementioned statutes. 

Arbitration Notice Please be advised that I am invoking my right to arbitration under the terms of the cardholder agreement. Should this matter not be resolved to my satisfaction within the specified 15-day period, I will initiate arbitration proceedings in accordance with the terms and conditions of the agreement. This will include seeking remedies for the fraudulent reporting and any damages incurred as a result. 

Cease and Desist Order Furthermore, please take notice that I submitted a formal cease and desist letter in XX/XX/2023, instructing American Express to cease all communications with me regarding this account and to stop monitoring my credit. Any further attempts to contact me regarding this account, or to continue monitoring my credit, will be viewed as a violation of my rights and will result in additional legal action. 

I demand that you immediately honor this cease and desist order and confirm in writing that you have ceased all activities related to this account, including communication and credit monitoring. 

Legal Remedies Should you fail to rectify this matter, I will seek remedies under the applicable provisions of the law, which may include statutory damages, attorney 's fees, and any other relief that the court or arbitrator deems appropriate. 

Please be advised that any further communication should be directed to me in writing at the above address.