Consumer complaint received 2024-05-31
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: AMERICAN EXPRESS COMPANY (TX)

This call took place XX/XX/XXXX at XXXX XXXX XXXX XXXX and lasted 36 minutes. The call was made to American Express at XXXX. 
Called American Express to update the company with tracking information about a Claim Notice, as instructed in the Platinum Card from American Express XXXX XXXX - XXXX Resolution - Sending a Claim Notice, I sent to American Express XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX New York XXXX XXXX regarding one lost payment I sent in via Certified Mail tracking on XX/XX/XXXX and one payment, again via Certified Mail tracking, I sent XX/XX/XXXX American Express refused to process after accepting. Neither were returned to me to this day despite my request. 
The automated system took me to an agent that I began speaking with to let him know I was following up on a call I made Wednesday, XX/XX/XXXX as I was receiving calls from American Express notifying me the company would be canceling my account due to non-payment. 
I informed the agent I spoke with that I am following up to inform them not to take any adverse action on my account because I submitted a Claim Notice on XX/XX/XXXX and have not yet heard anything back from American Express XXXX XXXX XXXX XXXXXXXX XXXX and we are actively in the 30 day process. 
The agent began asking me questions about my account, my payment, when I sent in the payment, the type of payment and other information about my previous attempts to make a payment on my card. 
I informed the agent that I sent in a negotiable instrument and the agent informed me he didn't know what that was and if I could explain to him 'for his own education '. I informed the agent that extensive details were in my Claim Notice and other correspondence I sent to the company, the company 's CFO, XXXX XXXX XXXX ( which forwarded my emails to his assistant, XXXX ), the trustee and its SEC listed agents XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX, the paying agent, the transferor, American Express Legal, American Express Office of Executive Escalations, RFC, TRS, among other, about my repeated attempts to make payments and correspondence recently sent to American Express XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX 
The agent asked me to hold and came back to tell me that he was instructed to share a new American Express Policy that states negotiable instruments are not valid forms of payment and that he would be happy to tell me what an acceptable payment actually is and insisted on convincing me negotiable instruments are not acceptable forms of payments. 
This is deeply concerning and confusing to me because the XXXX XXXX from American Express Cardmember Agreement, in which I entered when I started my contract with American Express, clearly states on page 3 of Section 2, How to make a payment bullet point two : " a single negotiable instrument clearable through the U.S. banking system ''. 
Again, deeply concerning and confusing to me from a financial institution as massive as American Express Company, specifically given my journey of trying to make a payment to my account and the late fees, negative credit reporting, and recent threat to cancel my account, is clearly misleading and deceptive, unsafe and unsound practice in direct contradiction to the Certain Legal Aspects of the Receivables, Certain Regulatory Matters and Consumer Financial Products Regulation of the American Express Prospectus dated XX/XX/XXXX which clearly states : " The operations and financial condition of XXXX are subject to extensive regulation and supervision under federal and state law. The appropriate banking regulatory authorities, including the FDIC, the OCC and the CFPB have broad enforcement powers over XXXX. These enforcement powers may adversely affect the operation and financial condition of the trust and your rights under the pooling and servicing agreement prior to the appointment of a receiver or conservator. 
If United States federal bank regulatory authorities supervising the bank were to find that any obligation of the bank or an affiliate under a securitization or other agreement, or any activity of the bank or such affiliate, constituted an unsafe or unsound practice or violated any law, rule, regulation or written condition or agreement applicable to the bank or such affiliate, such federal bank regulatory authorities have the power to order the bank or such affiliate, among other things, to rescind such agreement or contract, refuse to perform that obligation, terminate the activity, amend the terms of such obligation or take such other action as such regulatory authorities determine to be appropriate. '' and Certain Legal Aspects of the Receivables, Consumer Financial Products Regulation : " The relationship of the consumer and the provider of consumer credit is extensively regulated by federal and state consumer protection laws. With respect to credit accounts issued by XXXX, the most significant federal laws include the federal Truth in Lending, Equal Credit Opportunity, Fair Credit Reporting and Fair Debt Collection Practices Acts. These statutes impose disclosure requirements before and when an account is opened, at the end of monthly billing cycles and on an annual basis, and, in addition, limit account holder liability for unauthorized use, prohibit certain discriminatory practices in extending credit, and regulate practices followed in collections. In addition, account holders are entitled under these laws to have payments and credits applied to the revolving credit account promptly and to request prompt resolution of billing errors. 
The CFPB has broad rulemaking examination and enforcement authority with respect to certain federal consumer financial laws over providers of consumer financial products and services, including American Express and XXXX, and authority to prevent unfair, deceptive or abusive acts or practices. '' An agent from American Express Company reading off a new American Express policy stating a direct contradiction of the Cardmember Agreement 's accepted methods of payment is unfair, deceptive and abusive, unsafe and unsound, is the employment of a deceptive and manipulated device, and raises the question if new accounts are being opened today with the promise of negotiable instruments being an accepted form of payment when, in fact, American Express and its affiliates has NO intention of honoring that clause of the binding contract. 
The agent informed me the call was being recorded by American Express, the confirmation number the agent gave me for this call is GC - XXXX and the Complaint number generated as a result of this call is XXXX.