Consumer complaint received 2024-10-22
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: AMERICAN EXPRESS COMPANY (ND)

This is to notify American Express ( AMEX ) that their company is violating securities laws and committing other ultra vires actions including stealing, misappropriation, and unauthorized use of private trust property, violating the electronic funds transfer act, their companys own electronic transfer agreement, using domestic and international mail to send false and misleading statements regarding misrepresented securities that go against their companys own prospectus and trust agreements with the SEC, violating privacy laws, failing to provide full disclosure regarding our applications, agreements, and contracts. These ultra vires actions are restricting my rights to participate in trade and commerce and have caused me massive harm over the last 12 months. AMEX is stealing securities despite from an Investor in their company as well as a federally protected consumer with the following AMEX accounts : XXXX XXXX XXXX # XXXX XXXX XXXX XXXX # XXXX XXXX. XXXX XXXX # XXXXUSD I am giving AMEX the opportunity to correct its actions and remedy the situation. 
________________________________________ Violations and Injuries Violating Prospectus | SEC Agreements | Trust Indenture Agreement AMEX is bound by the SEA of 1934 as well as its SEC agreements. If AMEX refuses to comply, I will initiate investigations with the CFPB, FTC, and SEC for those agencies to investigate the AMEXs violations of their prospectus, trust agreements, and the following : i. According to the companys Form XXXX, AMEX securitizes card member loans and receivables through the transfer of assets to securitization trusts, including the American Express Credit Account Master Trust ( the companys Lending Trust ). However, AMEX never disclosed that my credit applications would be securitized, they never asked for my permission to do so, nor did I provide permission or will give permission to do so, especially in ANY CASE WHERE I AM THE ONLY ONE NOT RECEIVING VALUE FROM MY PROPERTY. 
AMEX violated the terms of its own Prospectus, which acknowledges that assets from credit card accounts are securitized but fails to disclose this information clearly to its cardholders. 
ii. I received book entry notifications of financial assets available in my securities accounts yet AMEX failed to apply the payment ( s ) to my accounts despite its fiduciary duty to do so. This is a violation of multiple Federal and State commercial/securities laws, but also in direct violation of the American Express Issuance Trust Indenture in Title IV & Title XI. 
a. Section 4.07 Specifies that payment of any interest on any Registered Note WILL BE PAID TO THE PERSON WHOSE NAME THAT NOTE IS REGISTERED b. Section 11.01 Mandates the Issuer to DULY AND PUNCTUALLY PAY THE PRINCIPAL OF AND INTEREST OF SUCH NOTES c. Section 11.03 clearly states that money for note payments must be held in trust for THE BENEFIT OF NOTEHOLDERS By failing to provide these payments, American Express has breached its fiduciary duties and agreements with the SEC. 
________________________________________ Unauthorized Use of Trust Property i. All of the aforementioned accounts have been conveyed into private trust. 
ii. AMEX is furnishing information about and profiting from trust property without the trusts authorization and without compensating the trust for use of its private property. 
iii. The American Expresss XXXX Card application ( also part of private trust property ) that I was denied for is an unauthorized use of trust property but also an unauthorized use of a credit card per Title 15 U.S.C.1602 ( p ), as I have received no benefit from the transaction despite my social security being charged and AMEX being the only one profiting from trust property without compensating the trust. 
________________________________________ Securities Fraud, Theft, and Misrepresentation i. AMEX received valid tender of payment, transferred in good faith and in trust, for the Business Platinum and Gold Card accounts for settlement by accord and satisfaction via securities with instructions pursuant to 50 U.S.C. 4305 ( b ) ( 2 ), which AMEX dishonored, resulting in the mismanagement and theft of securities pledged in trust to the United States Treasury in aid in the reduction of the public debt. 
________________________________________ False & Misleading Representation | Domestic & Intentional Mail Fraud i. Pursuant to Title 15 U.S.C. 1692j, AMEX knowingly continues to send nonmailable matter domestically & internationally which is a massive violation of federal law. These false statements failed to reflect accurate account balances and did not comply with consumer instructions. Furthermore, they fail to contain the required conspicuous notice of its contents which constitutes mail fraud under 39 U.S.C.3001. 
________________________________________ Tax Evasion | Racketeering | Extortionate Collect of Credit Extension i. AMEX concealed and disguised the nature of agreements under colorable contracts to evade tax reporting requirements under State and Federal tax law and has stolen lawful money ( robbery ) conveyed to them in trust in attempts to coerce payments of a specific type for the pecuniary gain of unearned interest that is also goes unreported to the Internal Revenue Service. 
ii. AMEX via color of law and failure to provide full disclosure of information to induce/force the Investor/Consumer to provide information and property against his will/consent for fear of his property being taken from him. This includes but is not limited to furnishing inaccurate information to credit reporting agencies to restrict my rights of participating in commerce and trade which is in violation of 15 U.S.C.1. 
iii. AMEX continues to use interstate and foreign commerce as a means to affect, obstruct, and restrict trade and commerce, and restrict my financial assets from being used to aid in the reduction of public debt. 
________________________________________ Privacy Act Violations | Identity Theft i. AMEX, despite having a fiduciary duty to me as an investor in their company, and a federally protected consumer to protect private and personal information, furnished inaccurate information to unauthorized 3rd party affiliates despite receiving opt out notices. 
This includes indiscriminate furnishing of my social security number. 
There are multiple items on my report furnished by AMEX that I do not recognize. 
AMEX is using my identity to make false and misleading statements, unsubstantiated claims of alleged debts, and has made it virtually impossible to access my right to my credit and other federally protected consumer rights due to defamation of character and trustworthiness. 
________________________________________ HARM/INJURY I have experienced massive emotional and financial distress from American Express actions , which has in turn exacerbated physical stress and pain that I already struggle with as a XXXX veteran. The last year has been excruciating as Ive struggled to make ends meet financially and provide for my family and manage other personal affairs, as well as lost time and lost sleep which contributed to worsening physical and emotional stress and pain. ALL THE WHILE AMEX has been profiting at my expense while neglecting to perform its fiduciary obligations to me, an investor in their company as well as a federal protected consumer. 
There is no excuse for ANYTHING that has happened over the past year. 
The only reason it happened was American Express, A CORPORATION, decided it is superior to the various laws that govern its charter. 

Its not.