Consumer complaint received 2024-10-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: AMERICAN EXPRESS COMPANY (FL)

I would like to make a complaint that this is inaccurate reporting on my credit by both American Express ( furnisher of inaccurate information ) and XXXX, XXXX and XXXX ( reporters of inaccurate information ). FCRA requires fair and accurate reporting to which American Express, XXXX, XXXX and XXXX have all knowingly reported inaccurately. 

Per 15 U.S. Code 1666b - Timing of payments, this account can only be considered " late '' if the conditions in this section are met, therefor, I am demanding to see the evidence/proof that American Express is in compliance with this section. I also demand evidence that AMERICAN EXPRESS has furnished ( accurately and fairly per FCRA ) to consumer reporting agencies their compliance in this section as XXXX states this account is being " reported accurately '' after previous disputes of inaccuracies. 

I also have submitted ( in writing ) to American Express my right to OPT OUT of sharing of any and all Private Information. American Express continues to share my Private Information against my direction and without my authorization. Therefore, I am also requesting proof/evidence of this written agreement signed by me authorizing this exchange of private information with ANY affiliate, 3rd party or anyone else. 

I previously filed a dispute with XXXX regarding inaccurate reporting of this account where my " transactions and experiences '' which requires sharing of my PI, has been shared without my written consent and against my explicit demand to not share these interactions. In response to my dispute, XXXX has now changed the reporting of my utilization on this account from 100 % to " - % '' which is evidence of the inaccurate reporting by both XXXX and American Express. 

To add insult to injury, AMERICAN EXPRESS and consumer reporting agencies ( XXXX, XXXX XXXX XXXX ) are knowingly reporting inaccurate information such as this account in a " charge off '' status. You can NOT report " income '' as debt ; and that is exactly what XXXX is doing when they report this " charge off '' on my credit report as debt. XXXX own website defines account status of " charge off '' as : What Is a Charge-Off? " A charge-off simply means a creditor has given up on collecting an unpaid balance and it's written off the debt as a loss. '' ( See included screenshot from XXXX website ) IRS Publication 4681 states, ( and all of these corporations know ) IRS Publication 4681 ( XXXX  ), Canceled Debts, Foreclosures, Repossessions, and Abandonments clearly states " if a creditor cancels a debt over {$600.00} outside of bankruptcy, its reported to the IRS. '' The Company is " required '' to send 1099 forms because the cancelled debt is considered income for tax purposes. '' So, XXXX itself classifies this " charge off '' as a canceled debt, the IRS defines this canceled debt as income, and BOTH the consumer reporting agency and the furnisher of the information to the reporting agencies ( XXXX, XXXX XXXX XXXX ) who operate in accordance with USC and IRS are incorrectly reporting and pretending they have no knowledge of how to properly report this account? And don't get me wrong, I understand why they are doing this, I get it. The penalty from the IRS for NOT submitting this information and neglecting to file the 1099 is nothing in comparison to the profits AMERICAN EXPRESS continues to make by trading this security on the secondary market ; however, this behavior constitutes willful noncompliance. Under the FCRA, an employer can be liable for willful non-compliance, 15 U.S. C. 1681n, or negligent non-compliance, 15 U.S.C. 1681o. Claims of willful non-compliance carry possible statutory damages of {$100.00} to {$1000.00} per violation, attorneys ' fees, and unlimited punitive damages. 

By denying me the 1099 required, AMERICAN EXPRESS is forcing me to be incompliant with the IRS, and they will be reported as such. I need this 1099 so I can properly fill out my tax income for they IRS. In the event the AMERICAN EXPRESS does not follow through with their fiduciary duties and requirements of the IRS, I MUST be in compliance as the IRS Publication 4681 which also states : " Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return unless one of the exceptions or exclusions described later applies. '' If I am somehow excused from this " debt '' and no longer liable, then I would like that documented and provided to me and my credit updated accordingly, otherwise, it stands that I am required to receive this 1099 and this debt is in fact income and reported inaccurately and in violation of the laws of Congress. 

Since my dispute with XXXX, it is noted on my account that some information was changed on my status with AMERICAN EXPRESS, because of this, I am demanding any and all documentation exchanged/utilized by either AMERICAN EXPRESS or XXXX or any other sources resulting in said changes to this account as well as expressed detail of the " changes '' that on this account and how that determination was made. As it is now clear that both the consumer reporting agencies and furnishing institutions are not compliant with laws and reporting fairly or accurately. 

I am demanding the GAAP accounting documentation of this account to verify accuracy of this accounting and reporting as it is proven to be inaccurate as substantiated by the previous dispute and changes by XXXX to my account. 

My transactional history and experiences continue to be reported to a third party ( XXXX ) by AMERICAN EXPRESS, again, without written consent, after written consent was provided to AMERICAN EXPRESS to opt out of any and all sharing of PI, therefor in violation of FCRA and 15 USC 6802. 

Furthermore, 15USC1681a ( d ). 15 USC 1681a ( d ) does not allow for consumer reporting to bear on creditworthiness and EXCLUDES from the consumer report " report containing information solely to transactions or experiences between the consumer and the person making the report. '' There are 2 parties involved in this US code, the consumer and those who " report '' ; I am the consumer ( 1 party ), then that only leaves AMERICAN EXPRESS and the credit reporting agencies as the parties who " report '' the transaction and experiences in this case. 

With that being said, I would like to ask, who is the party in violation said code by this reporting of information of my transactions and experiences, AMERICAN EXPRESS or the CREDIT REPORTING agencies? One or both ( I believe both ) of these companies has violated the laws of Congress. 15 USC 1681a ( d ) ( 2 ) ( a ) ( i ) does not specify the direction of this communication, whether from furnisher to reporter or vice versa, as it is not expressly stated, therefor, it is implied that AMERICAN EXPRESS and credit reporting agencies ( XXXX, XXXX, XXXX XXXX ) are in violation of 15USC1681a ( d ) ( 2 ). 

Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you claim I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your Company provide me with competent evidence that I have any legal obligation to pay you. 



At this time I will also inform you that if your Company have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion shall be sent to me immediately. 

Please provide the following : Agreement that bears the written signature granting you, your client, your affiliate or any other 3rd parties the authority to share Private Information regarding this debt. 

Agreement that bears the written signature granting you, your client, your affiliate or any other 3rd parties the authority to collect on this alleged debt. 

Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 

Any insurance claims been made by any creditor regarding this account.

Any Judgments obtained by any creditor regarding this account.

Name and address of alleged creditor.

Name on file of alleged debtor.

Alleged account number.

Address on file for alleged debtor.

Amount of alleged debt.

Date this alleged debt became payable.

Date of original charge off or delinquency.

Verification that this debt was assigned or sold to collector.

Complete accounting of alleged debt.

Commission for debt collector if collection efforts are successful. 

GAAP Accounting for all Transaction history on this account.

Tracking numbers of mailed statements as evidence of compliance with 15 U.S. Code 1666b This is a request for validation made pursuant to the Fair Debt Collection Practices Act.