Consumer complaint received 2025-09-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: AMERICAN EXPRESS COMPANY
State: NC

Complaint narrative:
I am filing this complaint against American Express National Bank ( Amex ) for systemic, willful, and negligent violations of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., and the FTC Act, 15 U.S.C. 45.

Amex has engaged in unlawful credit reporting practices by continuing to furnish negative tradelines on an account that has been charged off and either sold or placed with third-party collectors, despite forfeiting all ownership rights and legal standing.

Factual Background American Express charged off the account and transferred it for collection to third-party agencies.

Despite this transfer, Amex continues to report a negative tradeline on my credit file.

I disputed this with the consumer reporting agencies, but the account was returned as verified/no change without Amex providing proof of ongoing ownership.

Amex has not produced documentation establishing that it retains standing to furnish this account post-charge-off and transfer.

Violations of Federal Law 1. False Furnishing FCRA 1681s-2 Amex is prohibited from reporting information it knows or should know is inaccurate. Reporting a debt it no longer owns or controls is materially false.

Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 ( 9th Cir. 2009 ) : Misleading reporting qualifies as inaccurate under the FCRA.

Pinner v. Schmidt, 805 F.2d 1258 ( 5th Cir. 1986 ) : Technically accurate reporting can still be materially misleading.

2. Failure to Reinvestigate FCRA 1681i When disputed, Amex was required to provide documentation of ownership or cease reporting. Instead, the account was marked verified/no change without proof.

Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) : CRAs and furnishers must conduct a meaningful reinvestigation, not a superficial one.

3. Failure to Assure Maximum Accuracy FCRA 1681e ( b ) By continuing to report unverifiable charge-off data, Amex has failed in its duty to maintain reasonable procedures for accuracy.

4. Unfair and Deceptive Practices FDCPA 1692e & 1692f If Amex has transferred the account, continuing to report it misleads third parties into believing it remains collectible by Amex. This is deceptive under 1692e and unfair under 1692f.

5. FTC Act 15 U.S.C. 45 Amexs continued reporting constitutes an unfair and deceptive act in commerce.

Resolution Requested I request that the CFPB compel American Express to : Immediately delete all reporting, positive or negative, related to this account from all consumer reporting agencies.

Provide documentation proving the debt was not sold or permanently assigned, or admit that Amex lacks standing.

Implement procedures to ensure reporting ceases when accounts are sold or transferred.

Provide written confirmation of compliance within 30 days.

Notice of Litigation Rights Amex is liable for negligent and willful noncompliance under 15 U.S.C. 1681n, 1681o, and 1692k, entitling me to statutory, actual, and punitive damages, as well as attorneys fees. Continued unlawful reporting will result in litigation for fraud, misinformation, and punitive damages.

Conclusion American Express has engaged in unlawful furnishing of credit information after charging off and transferring the account. Its continued reporting is a willful violation of the FCRA, FDCPA, and FTC Act. I request immediate CFPB enforcement to compel deletion and protect consumer rights.

Company response to consumer: Closed with explanation