Consumer complaint received 2024-09-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: AMERICAN EXPRESS COMPANY (NE)

I am writing to follow up on my initial complaint submitted via the Consumer Financial Protection Bureau on XX/XX/XXXX regarding the unauthorized and inaccurate reporting by AMERICAN EXPRESS on my credit report and the subsequent denial of my fraud block request by XXXX. I have received a direct email response from XXXX ( File Number : XXXX ) that fails to address the key issues and violations I have outlined. Therefore, I am seeking further assistance from the CFPB to ensure my rights as a consumer are protected. 

XXXX has declined my fraud block request under Section 605B of the Fair Credit Reporting Act ( FCRA ), citing reasons such as an alleged history of payments, disputes unrelated to ownership, or transactions predating the reported fraud. However, XXXX has not provided any specific evidence to support these claims or substantiate their denial. I believe this response is inadequate and ignores the legal violations and issues I have raised.

To reiterate, the following violations of the FCRA and related regulations remain unaddressed : 1. Violation of 15 U.S. Code 1681c-2 : As a victim of identity theft, I notified the credit bureaus and requested the removal of the fraudulent information. This statute mandates that a consumer reporting agency must block the reporting of
any information resulting from identity theft within four business days of receiving a valid request. It has been over 30 days since my original notification on XX/XX/XXXX, and the erroneous information remains on my report, directly violating my rights.

2. Violation of 15 U.S.C. 1681a ( 2 ) ( A ) ( 1 ) : The entry by AMERICAN EXPRESS includes unauthorized information, which is not permissible under the FCRA, including unauthorized transactions that should not appear on my consumer credit report.

3. Violation of 15 U.S. Code 1681b - Permissible Purposes of Consumer Reports : I have NEVER provided written consent for the disputed information to be reported. Reporting this information without my explicit consent constitutes a violation of my consumer rights. I NEVER gave any consumer reporting agency WRITTEN CONSENT to report anything on my consumer report which violates my rights as a federal protected consumer. NO CONSENT IS IDENTITY THEFT. As a consumer I am demanding the deletion of the accounts listed IMMEDIATELY!

4. Violation of 15 U.S. Code 1602 ( p ) : The charge-off amount reported does not meet the criteria for reportable information under this statute and should not be included in my consumer credit report.

Lack of Required Documentation XXXX and AMERICAN EXPRESS have also failed to provide the necessary documentation to validate the alleged debt, which is essential for a fair review : 1. Lack of Original Contract or Agreement : AMERICAN EXPRESS has not provided Given these persistent issues, I request the following actions from the CFPB : 2. Insufficient Account History : No detailed account history has been provided to show the transactions, charges, fees, and payments applied to the alleged debt. A full itemization is necessary to verify the validity and amount of the debt.

3. Failure to Provide Proof of Assignment : If AMERICAN EXPRESS is not the original creditor, they have not provided evidence of a legitimate assignment or transfer of the debt that establishes their legal right to collect it. This includes any documentation demonstrating a proper chain of title from the original creditor to AMERICAN EXPRESS.

Additionally, I invoke the doctrine of estoppel by silence as established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, which presumes that no proof of the alleged debt exists due to the lack of response or documentation from AMERICAN EXPRESS. This doctrine applies when a party with a duty to speak fails to do so, leading to a presumption that no valid debt exists. Despite my repeated requests, AMERICAN EXPRESS and XXXX have provided no such evidence.

The unauthorized and inaccurate reporting by AMERICAN EXPRESS has caused significant harm to my credit standing, financial stability, and overall well-being. I urge the CFPB to act swiftly to rectify these violations and protect my rights as a consumer. I look forward to a prompt response and resolution to this matter.