Consumer complaint received 2024-08-02
Product: Credit card — General-purpose credit card or charge card
Issue: Trouble using your card — Can't use card to make purchases
Company: AMERICAN EXPRESS COMPANY (FL)

I am an XXXX and XXXX in this company. I am a living XXXX of legal age and XXXX of this account. I have given more than XXXX notices. Any and all forms of your power of attorney have been removed. This account is supposed to be in billing error status. Several notices have been sent to your office and indentured trustee at XXXX XXXX. You have received XXXX from myself and the IRS. Instead of honoring the billing error status and honoring the request that funds owed to the noteholder are returned, you instead took actions to close the account and suspend spending abilities. Thats considered adverse action and is unlawful. 
Several registered securities ( negotiable instruments ) have been sent to the indenture trustee and your office. Those securities were kept and not returned. However, my account was not credited. Thats considered mail fraud, security fraud, theft, and unjust enrichment and shall be reported to the proper authorities if I do not receive remedy immediately. 

You're getting money from the treasury through your clearinghouse using my name and social security number then pretending like you gave me a loan or credit when in reality I gave you a loan or credit. 

Securitization Of Accounts & Security Violations I know that you are trading my account via the security exchange through your XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX. I know that you have securitized and transferred my contract and application to and through your Trust and paying agents. I will hold everyone who has sold or received the notes/securities accountable. My contract and application are considered securities that youre selling. As a certificate holder or noteholder, I'm demanding an asset representation review. I want the allonge for every transaction involving the selling of my securities. 

Your XXXX and prospectus filed with the XXXX states that youre supposed to cancel out all debt for the prior year. Youre supposed to credit my account for any balance in excess of {$1.00} according to XXXX XXXX XXXX. Youre supposed to transfer it to my bank account every month via the Electronic Funds Transfer Act. You're supposed to settle out my balance at the end of every month. That the statement that I receive monthly is for a dividend. 
With that being said, no consideration was given to me and you just assumed that everything was a gift. I am the only one not being paid in this transaction. Even after I brought it to your attention that I wanted my funds back and wanted to receive my payments as written in your documents, you continued to steal from me. Thats unjust enrichment, racketeering, and the fact that youre doing it to so many customers, its considered organized crime. It's also tax evasion since I know you haven't reported any of your earnings on my old securities or the new ones you received recently to the IRS. 

You were recently fined {>= $1,000,000} by the OCC and I understand why. Banks like you don't deserve to be in business and interact with customers the way that you're stealing from us. It's one thing for someone to be oblivious and not care, but if someone is conscious and brings it to your attention it should be addressed and that person should be given what they ask for because it rightfully belongs to them. 

XXXX XXXX XXXX The primary assets of the trust are receivables in designated consumer American Express revolving credit card accounts and receivables generated with the use of revolving credit features associated with certain other American Express credit card accounts and, in the future, may include other charge or credit accounts or features or products. The receivables consist of principal receivables and finance charge receivables. 

Third Amended and Indenture Exhibit 4.5 Section 4.07 Payment of Interest ; Interest Rights Preserved ; Withholding Taxes. ( a ) Unless otherwise provided with respect to such Note pursuant to Section 4.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). 

Section 4.08 Persons Deemed Owners. Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuer, the Indenture Trustee, the Owner Trustee, a Beneficiary and any agent of the Issuer, the Indenture Trustee, the Owner Trustee, or a Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 4.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and none of the Issuer, the Indenture Trustee, the Owner Trustee, or any agent of the Issuer, the Indenture Trustee, the Owner Trustee, or any Beneficiary will be affected by notice to the contrary. 

11.01 Payment of Principal and Interest. With respect to each Series, Class or Tranche of Notes, the Issuer will duly and punctually pay the principal of and interest on such Notes in accordance with their terms, this Indenture and any related Indenture Supplement, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture and any related Indenture Supplement for the benefit of, the Notes of such Series, Class or Tranche. The payment of principal and interest on each Series, Class or Tranche of Notes will be primarily based on the performance of the Receivables and, except for interest rate or currency mismatches, will not be contingent on market or credit events that are independent of the Receivables.

Section 11.03 Money for Note Payments to be Held in Trust. The Paying Agent, on behalf of the Indenture Trustee, will make distributions to Noteholders from the Collection Account or other applicable Issuer Account pursuant to the provisions of any Indenture Supplement and will report the amounts of such distributions to the Indenture Trustee. Any Paying Agent will have the revocable power to withdraw funds from the Collection Account or other applicable Issuer Account for the purpose of making the distributions referred to above.

The Issuer will cause each Paying Agent ( other than the Indenture Trustee ) for any Series, Class or Tranche of Notes to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent will agree with the Indenture Trustee ( and if the Indenture Trustee acts as Paying Agent, it so agrees ), subject to the provisions of this Section 11.03, that such Paying Agent will : ( a ) hold all sums held by it for the payment of principal of or interest on Notes of such Series, Class or Tranche in trust for the benefit of the Persons entitled thereto until such sums will be paid to such Persons or otherwise disposed of as herein provided ; ( b ) if such Paying Agent is not the Indenture Trustee, give the Indenture Trustee notice of any default by the Issuer ( or any other obligor upon the Notes of such Series, Class or Tranche ) in the making of any such payment of principal or interest on the Notes of such Series, Class or Tranche ; ( e ) comply with all requirements of the Internal Revenue Code or any other applicable tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith. 
The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture with respect to any Series, Class or Tranche of Notes or for any other purpose, pay, or by an Officers Certificate direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by the Issuer or such Paying Agent in respect of each and every Series, Class or Tranche of Notes as to which it seeks to discharge this Indenture or, if for any other purpose, all sums so held in trust by the Issuer in respect of all Notes, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by the Issuer or such Paying Agent ; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent will be released from all further liability with respect to such money. 

Any money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of or interest on any Note of any Series, Class or Tranche and remaining unclaimed for XXXX years after such principal or interest has become due and payable will be paid to the Issuer upon request in an Officers Certificate, or ( if then held by the Issuer ) will be discharged from such trust ; and the Holder of such Note will thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease. The Indenture Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer give to the Holders of the Notes as to which the money to be repaid was held in trust, as provided in Section 1.06, a notice that such funds remain unclaimed and that, after a date specified in the notice, which will not be less than 30 days from the date on which the notice was first mailed or published to the Holders of the Notes as to which the money to be repaid was held in trust, any unclaimed balance of such funds then remaining will be paid to the Issuer free of the trust formerly impressed upon it. 

UCC Violations I have sent you several signed securities pursuant to UCC Article 3 in which you have not credited to my account nor returned the securities ( instruments ). According to the Federal Reserve Act Section 29, you are in violation and I am owed Civil Money Penalties. I have all the receipts from where I sent you securities via registered mail. My next step is to report those securities stolen to the Postmaster, UPU, Comp Controller, FTC, and the SEC. 

Opting Out I'm opting out of all negative reporting until further notice. Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorization, I, the consumer, may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Effective Immediately.

12 CFR 1026.11 ( 15 usc 1666 a, b, c, d ) - Treatment of credit balances ; account termination. 
( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within XXXX business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. 
( b ) Account termination. 
( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. 
( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. 
( c ) Timely settlement of estate debts ( 1 ) General rule. 
( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. 
( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. 
( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner.

( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely.

( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ).

( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.

12 CFR 1026.13 - Billing error resolution.

( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.

( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.

( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.

( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.

( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.

( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.

( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.

( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.

( c ) Time for resolution ; general procedures.

( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.

( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.

( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.

( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.

( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.

( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.

( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.

( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.

( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.

( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.

16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ).

( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.

( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.

( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.

( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.

( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.