Consumer complaint received 2025-01-27 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: AMERICAN EXPRESS COMPANY
State: FL

Complaint narrative:
To : Consumer Financial Protection Bureau ( CFPB ) Subject : Complaint Against XXXX XXXX XXXX for Alleged Debt Collection Practices Dear CFPB, I am filing this complaint against XXXX XXXX XXXX for their attempts to collect an alleged debt they claim I owe to American Express. Their practices violate several provisions of the Fair Debt Collection Practices Act ( FDCPA ) and other federal laws. 

Details of the Issue : XXXX XXXX XXXX has sent me a collection notice dated XX/XX/year>, regarding an American Express account with a balance of {$4100.00}. The debt collector failed to provide adequate validation of the debt, as required by 15 U.S.C. 1692g. Specifically : 1. They have not provided proper proof of ownership of the debt or any signed agreement tying me to this obligation.

2. Their correspondence lacks a clear accounting of the alleged amount owed, making it difficult to verify its accuracy.

Additionally, the aggressive collection tactics used by XXXX XXXX XXXX include vague language and insufficient details, which I believe are deceptive and violate my rights under FDCPA provisions prohibiting false or misleading representations.

Requested Resolution : I request that the CFPB investigate the following : 1. Whether XXXX XXXX XXXX has sufficient documentation to validate and prove their legal authority to collect on this alleged debt.

2. Whether their communication practices comply with the FDCPA and other applicable regulations.

2. False and Deceptive Practices : Under 15 U.S.C. 1692e, XXXX XXXX XXXX has engaged in deceptive practices by attempting to collect on a debt without proper evidence of their authority or ownership. This creates a misleading impression of their right to collect, violating federal law.

3. Violations of the Fair Credit Reporting Act ( FCRA ) : If this alleged debt has been reported to the credit bureaus, XXXX XXXX XXXX and American Express have likely violated 15 U.S.C. 1681s-2 by reporting inaccurate information without proper investigation or substantiation.

1. Improper Assignment and Handling of Debt : American Express has written off this account as charged-off and is now attempting to collect on the account through XXXX XXXX XXXX XXXX XXXX ). Based on my understanding : If American Express has issued a 1099-C form for this account, it legally signifies that the debt has been canceled and is no longer enforceable for collection under IRS guidelines .

If a 1099-C has not been issued, American Express must provide : Proof that the debt remains legally enforceable ; Documentation confirming that the receivable was not securitized or sold to an investor or trust, rendering it unenforceable.

American Expresss simultaneous charge-off of the debt and assignment to a third-party collector ( XXXX ) for recovery raises serious legal and ethical concerns. This practice amounts to extortionate behavior and potential double-dipping, in clear violation of 18 U.S.C. 894. 


2. Extortionate Practices ( 18 U.S.C. 894 ) : The attempt to recover this charged-off debt constitutes an extortionate collection practice. The predatory behavior is evident through : Securitization of Credit Card Receivables : American Express commonly securitizes credit card receivables into trusts, transferring the rights to payment to investors or other entities. This indicates that the debt is no longer owned by American Express

Company response to consumer: Closed with non-monetary relief