Consumer complaint received 2024-11-11 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Application denied
Company: AMERICAN EXPRESS COMPANY
State: MD

Complaint narrative:
To Whom It May Concern at the CFPB, I am submitting this complaint against American Express National Bank ( American Express ), alleging violations of federal statutes related to an unlawful credit denial, potential discriminatory practices, and non-compliance with the Truth in Lending Act ( TILA ), Equal Credit Opportunity Act ( ECOA ), Fair Credit Reporting Act ( FCRA ), and other consumer protection laws. 

Background : On XX/XX/year>, I applied for the American Express Platinum Card, providing all required personal and financial information. American Express denied my application based on information from my consumer report, despite knowing that the information was false and unverifiable. Following this denial, I submitted XXXX notarized affidavits on XX/XX/year>, and XX/XX/year>, asserting that the consumer report data used was inaccurate and demanding lawful justification, verification of the method used, and compliance with federal consumer protection laws. Along with these affidavits, I submitted an invoice for {$49000.00} in damages. Despite this, American Express has not reversed the denial or taken corrective action, effectively agreeing to the statements in my affidavits under UCC 1-205 by failing to respond. 

Violations Cited : Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) American Expresss denial of my credit application appears to lack a lawful and objective basis, suggesting discriminatory practices. This violates ECOA, which mandates equal and fair treatment in credit decisions. 

Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) TILA requires clear disclosure of credit terms and finance charges. American Express did not provide essential disclosures, including my right of rescission, and failed to clarify how my Social Security number was used in the decision, contravening TILAs transparency requirements. 

Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) American Express based its decision on my consumer report data without my consent and did not provide the legally required verification method. Despite knowing the consumer report information was false, they used it to deny my application, violating my rights under FCRA. 

Failure to Respond to Notarized Affidavits and Invoice Under UCC 1-205, unrebutted affidavits stand as true by law. By not responding to my affidavits and the {$49000.00} invoice within the required period, American Express tacitly agreed to the statements and charges within, further demonstrating non-compliance with consumer protections. 

Use of Unauthorized Credit Data and Potential Harassment American Express sent duplicate denial notices, which may constitute intimidation under 15 U.S.C. 1692. This unnecessary repetition, without a lawful basis for denial, violates protections against consumer harassment. 

Relief Sought : Approval of the American Express Platinum Card Based on my documented affidavits and statutory rights, I request immediate reconsideration and approval of my credit application. 

Compensation for Damages I seek the invoiced amount of {$49000.00} in damages due to American Expresss non-compliance with federal statutes and associated legal costs, in addition to accountability for finance charges disclosed under TILA but not honored. 

Full Disclosure of Credit Denial Reasons and Verification Method American Express must provide a clear explanation of the factors and verification methods used in their decision and correct their reliance on false data in my consumer report. 

Conclusion and Next Steps : I request that the CFPB investigate American Express for non-compliance with ECOA, TILA, FCRA, and related consumer protection laws, as documented in my affidavits and invoiced demand. If American Express does not take corrective action within 10 business days, I will pursue further legal remedies, including arbitration and statutory claims under federal law. 

Attachment : Invoice for Damages ( {$49000.00} ) Thank you for your assistance in addressing these violations of consumer rights. 

Respectfully Submitted, XXXX XXXX XXXX

Company response to consumer: Closed with explanation