Consumer complaint received 2024-12-26 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: FL

Complaint narrative:
Per the Fair Credit Reporting Act ( FCRA ) I am a federally protected consumer I am now opting out of any and all authorization ( S ) I the consumer may have given you written, unwritten, verbal and non-verbal permission 15 USC 6802 asserting my rights to opt out of the unauthorized sharing and reporting of my nonpublic personal information to third parties, including credit reporting agencies.

I sent a formal opt-out request to American Express via certified mail, as permitted under 15 U.S.C. 6802. This law explicitly states that financial institutions must honor consumer requests to opt-out of information sharing with third parties. Despite this, American Express has continued to report my payment history and utilization to third-party credit bureaus, violating my rights.

This statute specifically protects my right to prevent the unauthorized sharing of my nonpublic personal information with third parties, including credit reporting agencies. Despite this, American Express continues to report my payment history and utilization data to credit reporting agencies without my authorization, violating several federal statutes. 

Additionally, XXXX has furnished my credit report to American Express, despite my credit file being frozen for over a year. This constitutes a clear violation of my rights under the FCRA and related regulations. 

Below are the detailed violations committed by both American Express and XXXX, with full citations and explanations : Violations by American Express : 1. 15 U.S.C. 6802 ( Gramm-Leach-Bliley Act - GLBA ) Text : A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is provided an opportunity to opt out of such disclosure.

Violation : American Express failed to honor my opt-out request and continues to report my payment history and utilization data to credit reporting agencies without my consent.

2. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ( FCRA ) Text : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

Violation : By reporting my information to third parties after my explicit opt-out request, American Express is furnishing unauthorized and therefore inaccurate information.

3. 5 U.S.C. 552a ( Privacy Act of 1974 ) Text : Each agency that maintains a system of records shall ensure that records are maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual.

Violation : American Expresss continued unauthorized reporting of my financial information violates my right to privacy and fairness under this act.

4. 16 C.F.R. 313.10 ( GLBA Implementing Rule ) Text : Financial institutions must ensure that nonpublic personal information remains confidential and is used only for lawful purposes.

Violation : American Express failed to protect the confidentiality of my nonpublic personal information by reporting it to third parties despite my opt-out request. 


Violations by XXXX XXXX. 15 U.S.C. 1681c-1 ( h ) ( FCRA ) Text : A consumer reporting agency shall prohibit the release of any information in the file of a consumer who has elected to freeze their file. 

Violation : My XXXX  credit file has been frozen for over a year. However, XXXX furnished my credit report to American Express without my authorization.

2. 15 U.S.C. 1681e ( a ) ( FCRA ) Text : Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c and to limit the furnishing of consumer reports to those with permissible purposes. 

Violation : XXXX failed to maintain adequate safeguards to ensure my frozen credit file was not accessed without authorization. 


3. 15 U.S.C. 1681b ( c ) ( FCRA ) Text : Consumer reports may only be furnished for permissible purposes outlined in the FCRA. 

Violation : XXXX provided my credit report to American Express without my consent, despite my opt-out status and frozen credit file.

Company response to consumer: Closed with explanation