Consumer complaint received 2024-09-11
Product: Credit card — General-purpose credit card or charge card
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 (NJ)

To Whom It May Concern : This notice is concerning serious inaccuracies reporting on my consumer report by your company in violation of federal and state law. I write to formally demand the immediate correction of this erroneous, inaccurate and incomplete information regarding late payment ( s ) reported by your company. 

My investigation has revealed that the reporting of late payment ( s ) on my credit file is both inaccurate and incomplete, in violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2 ( b ). Specifically, your company has reported late payments that either were not late or are inaccurately reflected in the timing and completeness of the information provided. 

I refer to the following case law that reinforces your legal obligations : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), where the court held that furnishers of credit information can be held liable for failing to correct inaccurate or incomplete information. 

XXXX XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), which affirms that furnishers are responsible for thoroughly investigating any disputes raised and correcting inaccurate reports. 

XXXX XXXX. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), which further clarifies the duties of furnishers under the FCRA to correct inaccurate reporting upon notice. 
Pursuant to these precedents, I demand that your company immediately update the tradeline to reflect that the reporting account is in good standing, with no late payments reported, now and in the future. 

Furthermore, I demand complete transparency regarding your accounts payable/accounts receivable under the matching principle of double-entry bookkeeping in accordance with the Generally Accepted Accounting Principles ( GAAP ). A full reconciliation of this account must be provided, ensuring that the records are accurate and properly documented. 

Failure to meet these demands will be considered grounds for legal action, including but not limited to claims for violations of the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), defamation, and any other applicable state or federal laws. Should this matter remain unresolved, I will pursue all available legal remedies, including seeking damages, attorneys fees, and injunctive relief as well as the following : Pursue all available legal remedies, including filing a lawsuit to seek damages for harm caused by your inaccurate reporting. 
File a formal complaint with the Internal Revenue Service ( IRS ) for an audit of the Account, including submitting a Form 3949-A, to investigate any potential discrepancies in your reporting or bookkeeping processes. 
Implement a fee schedule for each violation of our clients rights under applicable federal laws, including but not limited to a fee of XXXX per instance of further non-compliance. 

Please provide written confirmation within fifteen ( 15 ) days that the inaccuracies have been corrected and that the necessary updates have been made to all consumer reporting agencies. Failure to do so will leave no choice but to escalate this matter to litigation. 

I look forward to your prompt attention and swift resolution of this matter.