Consumer complaint received 2024-09-25
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 (FL)

XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX American Express XXXX XXXX XXXX XXXX XXXX FL XXXX XXXX, FL XXXX Subject : Formal Rebuttal to American Expresss Inadequate Response ( CFPB Ref No : XXXX, Account Ending : XXXX ) Dear XXXX XXXX and the Customer Advocate Services Team , I am writing to formally rebut your response dated XX/XX/XXXX, regarding my dispute filed with the Consumer Financial Protection Bureau ( CFPB ) in connection with the inaccurate and unlawful reporting of my American Express account . Your refusal to correct the misinformation and issue proper compensation is both legally baseless and in direct violation of the Fair Credit Reporting Act ( FCRA ), as well as multiple provisions within American Expresss own Cardmember Agreement. 

Inaccurate Reporting of My Account & Unlawful Credit Closure You claim that American Express placed my account into dispute as of XX/XX/XXXX, yet I have received no such confirmation from any credit reporting agency, nor have I been provided with adequate proof that this account has been in dispute since that time. The correspondence sent to me on XX/XX/XXXX, explicitly stated that the account was just now placed into dispute. I demand immediate evidence that this account was indeed placed in dispute on the stated date in XX/XX/XXXX, along with verifiable documentation from the credit reporting agencies to substantiate your claim. 

Furthermore, you mention that the scrambled account number ( XXXX ) is an identifier used by the credit reporting agencies. If there is any confusion regarding this identifier, it lies squarely with American Express, as you are responsible for ensuring accurate reporting to these agencies. I hold American Express accountable for any resulting discrepancies. 

Delayed Statements and Violation of FCRA Despite assurances on XX/XX/XXXX, that I would receive my account statements, I have only just now been sent these documents on XX/XX/XXXX. The FCRA does not require late payment notification solely through billing statements, yet your company relies on this as your defense to justify inaccurate reporting. This is entirely insufficient and does not absolve American Express of its obligation to provide timely and accurate information regarding my account status. Failure to comply with these requirements opens you to significant liability under FCRA violations, including damages for emotional distress and financial harm caused by your negligent reporting practices. 

Unlawful Closure of My Account and Failure to Resolve Billing Disputes American Express unlawfully closed my account, falsely citing that I had initiated too many billing disputes, yet your Cardmember Agreement contains no provision stating that an account may be closed for such reasons. Furthermore, you failed to notify me that my account closure was imminent due to these disputesanother breach of the Agreement. This closure is not only unlawful, but American Express never resolved any of the billing disputes I filed, including questions concerning my Annual Percentage Rate ( APR ), Daily Periodic Rate ( DPR ), and foreign transaction fees. 

By unlawfully closing my account and failing to resolve the disputes, you have violated both the terms of your own agreement and several consumer protection laws. If these disputes had been properly addressed, no grounds for account closure would have existed. 

Legal Precedents and Demands Please be advised that American Expresss continued refusal to correct these issues may result in severe legal consequences. I will pursue all available remedies under federal and state consumer protection laws, including the FCRA. I refer you to the following relevant case law, which clearly establishes American Expresss liability in similar circumstances : XXXX XXXX American Express XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) American Express was found liable for failing to provide sufficient proof to justify reporting errors, resulting in damages for emotional distress and lost creditworthiness. 
XXXX v. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) Emphasizes the credit furnishers duty to conduct reasonable investigations and correct reporting errors promptly. 
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) Establishes that failure to properly investigate disputes and correct errors constitutes a violation of FCRA, making the furnisher liable for both statutory and punitive damages. 

In light of these precedents, I hereby demand the following remedies : 1. Removal of all late payments from my credit report for the disputed period.

2. Immediate reinstatement of my American Express account.

3. Full settlement of the balance on the account to zero.

4. Proper compensation for the harm caused by American Expresss negligent actions, including damages for emotional distress and damage to my creditworthiness. 

If these demands are not met within 10 business days, I will be left with no option but to escalate this matter to formal arbitration with my notice of claim, as provided for under your Claims Resolution process, and to seek further remedies through legal action. Be assured that failure to comply with these requests will expose American Express to significantly higher penalties, including statutory damages, legal fees, and punitive damages, as permitted under the FCRA. 

This mistreatment has caused me extreme mental anguish and frustration, compounded by the irreparable harm done to my credit standing. If these issues are not resolved swiftly and to my satisfaction, American Express will be held fully accountable for all related consequences. 

I trust that you will treat this matter with the seriousness it warrants and will take the appropriate steps to remedy these violations immediately. 

Sincerely, XXXX XXXX ( Account Ending in XXXX  )