Consumer complaint received 2024-03-23
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 (IL)

I am writing to address a matter concerning a written dispute submitted to American Express on XX/XX/XXXX, through the Consumer Financial Protection Bureau ( CFPB ). Despite receiving a response to the dispute from American Express, facilitated by XXXX XXXX from the Customer Advocate Services Team, I find it necessary to express my dissatisfaction with the handling of my concerns. 

While I appreciate the acknowledgment of my initial dispute by American Express, it is disappointing to note that XXXX XXXX 's response lacked a thorough review and failed to address the provisions I cited from the United States Codes ( USC ) and Code of Federal Regulations ( CFR ). The notice provided did not offer any useful information to assist in resolving my concerns.

My initial dispute to the CFPB outlined American Express 's obligation, pursuant to 16 CFR 313.7 and 313.10 ( a ), to provide consumers with a clear and conspicuous opt-out notice regarding the disclosure of non-public personal information to nonaffiliated third parties. 

American Express confirmed in their written dispute dated XX/XX/XXXX, that consumers are not able to opt out of the disclosure of nonpublic personal information to nonaffiliated third parties. However, it is crucial to note that 16 CFR 313.7 falls within the regulatory framework established by the Fair and Accurate Credit Transactions Act ( FACTA ) Disposal Rule, aimed at safeguarding consumers ' personal and financial information. 

Regardless of American Express 's internal policies, compliance with this federal law is mandatory. American Express is obligated to adhere to this requirement, yet they have disregarded my request to opt out and failed to comply with my directive. 

XXXX XXXX also mentioned in his correspondence that American Express is obligated to report factual information to credit reporting agencies. While I acknowledge this obligation, my initial dispute explicitly requested that the opt-out encompass not only adverse actions but also my transactional experiences.

Pursuant to 15 U.S. Code 1681a ( d ) ( 1 ), a consumer report encompasses various aspects of an individual 's creditworthiness and personal characteristics. However, pursuant to 15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( i ), it specifies that consumer reports do not include information solely pertaining to transactions or experiences between the consumer and the entity making the report. 

Despite American Express 's internal policies regarding reporting to credit bureaus, my request aligns with U.S. Codes mandated by federal law. These codes hold legal authority and serves as the foundation for enforcing federal regulations. 

As a consumer, I assert my rights under the Privacy Act of 1974 to opt out of certain reporting activities to American Express, including : Prohibiting the sharing of my creditworthiness information with American Express affiliates for their everyday business purposes. 

Restricting the sharing of only my transactional experiences with non-affiliated entities. 

Preventing the disclosure of my personal information to American Express affiliates for marketing purposes.

Ensuring that my personal information is not disclosed to non-affiliated entities for marketing or everyday business purposes.

To address these concerns, I request the following resolutions to my complaint : 1. Demand American Express to comply with my opt-out directive, pursuant to 16 CFR 313.7 and 313.10 ( a ), at the earliest opportunity upon receipt. While I acknowledge the existence of American Express 's privacy notice, I maintain the right to opt out of the sharing of my non-public personal information with non-affiliated entities, including credit reporting agencies such as XXXX, XXXX, XXXX, and XXXX. 

2. Demand American Express to refrain from reporting information to my consumer credit report that solely pertains to transactions, experiences, or adverse actions, as outlined in 15 U.S. Code 1681a ( d ) ( 2 ) ( A ) ( i ).

3. Exercising my privacy rights, I hereby revoke all authorizations granted to American Express, whether written, non-written, verbal, or nonverbal, in accordance with 5 U.S. Code 552a. This action asserts my control over the disclosure of personal information, encompassing authorizations granted through various means such as written consent, verbal agreements, or non-written and nonverbal actions. 

a. This revocation notifies American Express that I am withdrawing any previous authorizations provided for the disclosure of my personal information. This includes authorizations for purposes such as marketing, data sharing with affiliates and non-affiliates, and the reporting of nonpublic personal information, including adverse actions and transactional experiences, which should not be reported on my consumer credit profile. 

I anticipate prompt attention to this matter and a resolution in accordance with regulatory requirements. Additionally, I request that all my business and personal products remain open and active while I am in dispute with American Express. 

I do not wish for any of my accounts to be closed for any reason, and I hope that American Express will abide by this request, allowing us to continue our long-standing relationship.