Consumer complaint received 2024-08-28
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Problem with customer service
Company: AMERICAN EXPRESS COMPANY (TX)

To Whom It May Concern, I am writing to formally dispute the late payments and other negative items currently reported on my American Express XXXX XXXX account ( Account Ending : XXXX ), associated with Dispute Reference Number : XXXX. This dispute has been ongoing, and I am deeply concerned about how this matter has been handled by American Express, including the discriminatory practices that I believe have been used against me in the resolution process. 

Failure to Properly Address My Dispute I initially filed this dispute regarding the transactions and late payments on my account, which I believe to be inaccurate and unsubstantiated. However, despite my attempts to resolve these issues, the disputed items continue to be reported on my credit report, in violation of the Fair Credit Reporting Act ( FCRA ). According to 15 U.S.C. 1681i ( a ), information that is under dispute must not be reported as negative or delinquent until the investigation is complete and the dispute is resolved. 

On XX/XX/year>, I contacted American Express regarding this matter and was informed that my faxed documentation, which I sent to support my dispute, was not received. I immediately resent the fax at XXXX XXXX, and I have attached the fax confirmation receipt as evidence that it was delivered successfully at XXXX XXXX. Despite this, your representative could not confirm whether the documents had been received. This raises serious concerns about the competence and integrity of the process being followed. 

Denial of Access to Dispute Portal Further complicating matters, I have been locked out of the online portal where I would otherwise upload the necessary documents to support my dispute. In previous communications, American Express indicated that I was locked out of the portal, which has prevented me from submitting these items in a timely manner. This lack of access has directly hindered my ability to defend my position and ensure that all relevant information is considered in this dispute. It is unacceptable that I have been denied a fair opportunity to participate in the resolution of this matter. 

Ongoing Discriminatory Practices and Inadequate Support I have repeatedly requested to speak with a supervisor or manager to address these issues directly, but my calls have either been disconnected, or no supervisor or manager has been made available to me. This pattern of behavior suggests discriminatory practices within American Express, as my legitimate concerns are being consistently ignored or dismissed without due process. This is not the first time I have encountered such behavior from American Express, and it is clear that this ongoing pattern of discrimination has prevented me from receiving fair and equal treatment under the law.

Legal Obligations and Fair Credit Reporting Act ( FCRA ) Violations Under the FCRA, American Express has specific obligations to ensure that disputed information is not reported as negative or delinquent until the dispute is resolved. Additionally, under 15 U.S.C. 1681s-2 ( a ), creditors are required to report accurate information to credit reporting agencies and must promptly correct any inaccuracies. 

Further, under Section 611 ( a ) of the FCRA ( 15 U.S.C. 1681i ), I have the right to dispute inaccurate information on my credit report directly with the credit reporting agencies. American Express is also required to investigate my dispute thoroughly and provide me with the results of that investigation. The law also requires that if the dispute is not resolved in my favor, American Express must allow me to submit a statement of my perspective to be included in my credit report. 

Moreover, under the Fair Credit Billing Act ( FCBA ), I am entitled to protection against unauthorized or incorrect charges. The law prohibits creditors from continuing to report a disputed charge as delinquent or negative while an investigation is still pending. 

Request for Immediate Action and Fair Resolution Given the ongoing issues and the evidence I have provided, I am requesting the following actions from American Express : 1. Immediate Removal of Negative Items : Remove the disputed items from my credit report immediately while this dispute is still ongoing. Reporting these items as negative or delinquent during an unresolved dispute violates the FCRA. 
2. Provision of Documentation : Provide confirmation of receipt of the faxed documents sent on XX/XX/year>, at XXXX XXXX. This includes the documentation necessary to support my dispute. 
3. Supervisor Review : Ensure that a supervisor or manager reviews my case promptly and provides direct communication to resolve these issues without further delay. 
4. Fair Reconsideration of Dispute : Reopen the investigation into my dispute and provide me with a detailed explanation of the process, including why the previous attempts to resolve this matter have failed. 
5. Addressing Discriminatory Practices : Investigate the pattern of discriminatory behavior I have encountered during this process and take appropriate action to ensure that all customers are treated fairly and without bias. 

Consequences of Non-Compliance If American Express fails to take the necessary steps to resolve this matter in a fair and lawful manner, I will have no choice but to pursue further legal action. This will include filing a lawsuit against American Express for discriminatory practices and for violations of the FCRA and FCBA. I will also continue to document these issues and present them to the Consumer Financial Protection Bureau ( CFPB ) as part of my ongoing complaint.

I expect that American Express will comply with these legal obligations and handle this dispute with the urgency and fairness it requires. Any failure to act accordingly may result in further legal action to protect my consumer rights. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX