Consumer complaint received 2024-08-15 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: AL

Complaint narrative:
To Whom It May Concern, I am writing to formally dispute the reporting of two American Express accounts on my credit report ( ending in XXXX, and XXXX ). I request the immediate and complete removal of these accounts from all consumer reporting agencies under the provisions of federal law, specifically 15 U.S.C. 6801 and 6802. The presence of this account on my credit report constitutes a violation of my rights under these statutes for the following reasons : 1. **Violation of 15 U.S.C. 6801 - Protection of Nonpublic Personal Information** Under 15 U.S.C. 6801, financial institutions are required to establish appropriate safeguards to ensure the security and confidentiality of consumers ' nonpublic personal information. This includes implementing measures to protect against unauthorized access or use of such information that could result in substantial harm or inconvenience to any consumer. 
I assert that American Express has failed to adhere to these requirements by reporting my personal information to credit reporting agencies without my explicit and informed consent. The improper handling and reporting of my nonpublic personal information without appropriate safeguards violate this statute. This unauthorized disclosure has resulted in substantial harm to me, including but not limited to, a negative impact on my creditworthiness, potential data breaches, and clear identity theft. 
XXXX. **Violation of 15 U.S.C. 6802 - Obligations with Respect to Disclosures of Personal Information** According to 15 U.S.C . 6802, financial institutions must provide clear and conspicuous notice to consumers describing their policies and practices regarding the disclosure of nonpublic personal information. More importantly, before a financial institution can share nonpublic personal information with non-affiliated third parties ( such as credit reporting agencies ), they must provide consumers with a notice of their rights and the opportunity to opt-out of such sharing. I did not receive any clear and conspicuous notice, in writing or otherwise, informing me of my rights under this law. Specifically, I was not provided with a notice that would allow me to opt-out of the reporting of my accounts to the credit reporting agencies. The failure of American Express to provide me with this mandatory notice and the opportunity to opt-out constitutes a clear violation of 15 U.S.C. 6802. As a result, the inclusion of this account on my credit report is unlawful. 
XXXX. **Revocation of Power of Attorney** I have previously communicated with American Express on XX/XX/year>, explicitly revoking any power of attorney or any implied authority they may have assumed over my personal information. Despite this revocation, American Express has continued to report my account information without my consent. This continued reporting after the revocation of authority further exacerbates the violations outlined above and highlights a disregard for my express instructions and legal rights. 
XXXX. Privacy Act Cease and Desist Letter On XX/XX/year>, I sent a Privacy Act cease and desist letter to American Express, demanding that they cease any further unauthorized use or sharing of my personal information. I have not received any response to this letter, nor has American Express taken any action to respect my privacy rights as outlined in that letter. The lack of response or action further underscores the disregard American Express has shown for my privacy and legal rights. 
XXXX. **Demand for Immediate Deletion** Given the above violations, I demand the immediate removal of the American Express accounts from my credit report. The continued presence of these accounts constitutes an ongoing harm and is in clear contravention of my rights under federal law. I expect immediate compliance with this demand, and I reserve the right to take further legal action, including seeking damages, if this matter is not resolved promptly. 
Please treat this dispute with the urgency it requires. I expect confirmation of the removal of these accounts from my credit report within 30 days, as mandated by federal law. Failure to do so will leave me with no option but to escalate this matter further, including filing complaints with the Federal Trade Commission ( FTC ) and considering legal action for damages. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation