Consumer complaint received 2024-11-06 00:00:00
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
State: OH

Complaint narrative:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are the consumer reporting agencies and thus must show a respect to consumers right to privacy. As the consumer ( account number XXXX ) and according to the Gramm-Leach-Bliley Act, 15 USC 6801 ( a ), It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information, I have the right to make sure my private information isn't shared without my consent and American Express has the responsibility to protect my confidentiality. 

Neither the financial institution nor the consumer reporting agencies have my consent to furnish this information, nor do they have my WRITTEN consent, in direct violation of 15 USC 1681 ( b ) ( a ) ( 2 ), which states In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Any and all consent to XXXX, XXXX, American Express, whether it be verbal, non-verbal, written, implied or otherwise is revoked. 16 CFR 313.3 defines a nonaffiliated third party and 15 USC 6802 ( b ) 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 never informed me of my right to exercise my nondisclosure option. 

In addition, 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) 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, WITHOUT my permission, which is against the law. 

Lastly, American Express has chosen to classify the account as a charged off for profit and loss without providing a certificate of indebtedness or 1099c to the consumer. As they have written off the full amount of the account, the consumer now needs to claim it as taxable income, which according to both XXXX and XXXX websites, income is not found on a credit report. 

The purpose of the Fair Debt Collection Practices Act, 15 USC 1692, is to promote consistent State action to protect consumers against debt collection abuses. 15 USC 1681 ( n ) and 15 USC 1681 ( s ) details the violation procedures. 15 USC 1681 ( e ) 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. XXXX and XXXX are not maintaining reasonable procedures in clear violation of FCRA. 

To conclude, Regulation P, 12 CFR 1016.7, states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

Company response to consumer: Closed with explanation