Consumer complaint received 2024-10-27
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: AMERICAN EXPRESS COMPANY (NJ)

XXXX XXXX XXXXXXXX XXXX XXXX, XXXX living, sentient, breathing, natural man ) bring forth this claim against AMERICAN EXPRESS and XXXX for violation of my Federally protected Consumer Rights. Pursuant to 15 U.S. Code 1681- Congressional findings and statement of purpose : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. I am not the owner of this account ( Account # XXXX ) and I do have a right to privacy that is protected under the FCRA and I did not give consent to have my personal nonpublic information reported by AMERICAN EXPRESS and XXXX. XXXX5 U.S. Code 1681e - Compliance procedures : Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. AMERICAN EXPRESS and XXXX failed to follow reasonable procedures by failing to provide me with clear and conspicuous disclosure that my private non-public information will be reported to a consumer reporting agency and the option to opt out. I have never consented to my information being shared and there were no meeting of the minds. Pursuant to the XXXX XXXX XXXX XXXX  ) Section 502 and Regulation P, also states, Financial institutions are obligated to provide XXXX Disclosures regarding the sharing of a consumer nonpublic information and the consumer right to opt out of Credit Reporting. I was never provided with that notice either to opt out of my nonpublic Information being shared. By failing to disclose this notice constitutes FRAUD and the use of my personal information without my consent is IDENTITY THEFT. Pursuant to 15 U.S.C 1681a ( 3 ), Identity theft : The term identity theft means a fraud committed using the identifying information of another ( Natural Living Man ) without my consent. Furthermore, the financial institution and the Consumer reporting agency XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to AMERICAN EXPRESS, XXXX, whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' AMERICAN EXPRESS did not informed me of my right to exercise my nondisclosure option. It is also a fact that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my consent, which is against the law. Additionally, 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. AMERICAN EXPRESS and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am exercising that right to opt out of your reporting services IMMEDIATELY