Consumer complaint received 2025-06-08 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: AMERICAN EXPRESS COMPANY
State: WI

Complaint narrative:
XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX WI ( XXXX ) XXXX XXXX XX/XX/XXXX CONSUMER FINANCIAL PROTECTION BUREAU ( CFPB ) XXXX XXXX XXXX XXXX XXXX DC XXXX Subject : IMMEDIATE AND URGENT COMPLAINT REGARDING WILLFUL NON-COMPLIANCE, EGREGIOUS VIOLATIONS OF THE FAIR CREDIT REPORTING ACT ( FCRA ), AND UNLAWFUL FURNISHING OF INACCURATE AND UNAUTHORIZED INFORMATION BY AMERICAN EXPRESS Respondent Information : Company Name : American Express Address : XXXX XXXX XXXXXXXX, XXXX XXXX, TX XXXX I. STATEMENT OF GRIEVANCE AND LEGAL BASIS : This complaint is filed with the utmost urgency to address the egregious and willful non-compliance of American Express ( hereinafter " Respondent '' ) with their statutory obligations under the Fair Credit Reporting Act ( " FCRA '' ), 15 U.S.C. 1681 et seq., specifically concerning the unlawful furnishing of demonstrably false, unauthorized, erroneous, inaccurate, and incorrect information to consumer reporting agencies. The Respondent 's actions constitute a flagrant disregard for the accuracy and integrity of consumer credit data and have inflicted severe and quantifiable harm upon the Complainant.

II. RELEVANT ACCOUNTS AND ALLEGED VIOLATIONS : The core of this complaint pertains to XXXX specific American Express accounts : A ) AMEX Account # XXXX : Reported with an alleged balance of {$2100.00} ; and B ) AMEX Account # XXXX : Reported with an alleged balance of {$2600.00}. 

On XX/XX/XXXX, I sent an INITIAL NOTICE FOR DISPUTE OF FALSE, UNAUTHORIZED, ERRONEOUS, and INACCURATE, and INCORRECT being REPORTED and FURNISHED by AMERICAN EXPRESS ( hereinafter AMEX ) in my XXXX XXXX, and XXXX XXXX Report Files ( hereinafter XXXX ). ( Please See Supporting Documents, Letter & XXXX TRACKING RECEIPT FOR AMEX ) In addition, I respectfully requested a copy of IRS FORM 1099-C CANCELLATION OF DEBT, that was being reported by AMEX to XXXX XXXX XXXX XXXX  as reflected on my XXXX. 

On XX/XX/XXXX, I sent a 2nd & FINAL NOTICE FOR REQUEST FOR IRS FORM 1099-C AND DELETING OF FURNISHED INACCURATE AND INCORRECT INFORMATION TO THE THREE ( 3 ) CONSUMER REPORTING AGENCIES XXXX XXXX XXXX XXXX AS IT PERTAINS TO AMEX ACCOUNT # XXXX {$2100.00} AND AMEX ACCOUNT # XXXX {$2600.00} IN VIOLATION OF 15 USC 1681a ( 2 ) ( A ) ( i ) and 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) - ( B ) ( I ) - ( II ). ( Please See Supporting Documents, Letter & XXXX TRACKING RECEIPT FOR AMEX ) Included therein and attached to the above-said letter dated XX/XX/XXXX, was an exact copy and duplicate of IRS FORM 1099-C CANCELLATION OF DEBT I received from XXXX XXXX for a CANCELLED DEBT and ACCOUNT THAT WAS DELETED FROM MY CONSUMER REPORT FILES to demonstrate exactly what I was requesting and was to receive. 

To this date, AMEX has not only failed to comply with my request for IRS FORM 1099-C CANCELLATION OF DEBT in connection with AMEX ACCOUNT XXXX XXXX {$2100.00} AND AMEX ACCOUNT # XXXX {$2600.00}, but HAS CONTINUED TO REPORT and FURNISH this FALSE, UNAUTHORIZED, ERRONEOUS, INACCURATE, and INCORRECT ACCOUNT INFORMATION AMEX ACCOUNT # XXXX {$2100.00} AND AMEX ACCOUNT # XXXX {$2600.00} to XXXX XXXX XXXX XXXX , despite clear statutory prohibitions and explicit notification of inaccuracies. This constitutes a direct violation of : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : Which unequivocally states that 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. The Complainant asserts that th

e Respondent possessed, or reasonably should have possessed, actual knowledge of the inaccuracies prior to furnishing said information.

15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) ( i ) - ( ii ) : Which further mandates that a person SHALL NOT furnish information relating to a consumer to any consumer reporting agency if the person has been notified by the consumer that specific information is inaccurate and the information is, in fact, inaccurate. The Complainant provided explicit notice of the inaccuracies to the Respondent, yet the illicit reporting persists.

III. UNLAWFUL REPORTING OF CANCELED DEBT AS CONSUMER DEBT : The Complainant asserts, based on information and belief, that the aforementioned American Express accounts have been treated by the Respondent as " Canceled Debt '' or " Charge-Offs. '' Pursuant to established IRS regulations, specifically as outlined in the Internal Revenue Code ( IRC ), a canceled debt, especially exceeding {$600.00}, constitutes Gross Income or Ordinary Income for tax purposes. Income, by its very definition, is not a " debt '' that can be legitimately reported on a consumer credit report.

The Respondent 's continued reporting of these Canceled Debts as outstanding liabilities on the Complainant 's consumer report is a fundamental misrepresentation and a direct contravention of the principles underpinning consumer credit reporting.

IV. FAILURE TO PROVIDE IRS FORM 1099-C : In direct correlation with the Canceled Debt status, the Respondent is legally obligated, pursuant to IRS requirements , to issue an IRS Form 1099-C ( Cancellation of Debt ) to the Complainant for any debt of {$600.00} or more that has been discharged. The Complainant explicitly requested the provision of said Form 1099-C for both accounts referenced above, which is paramount for accurate tax compliance. The Respondent 's conspicuous failure to provide this legally mandated document not only creates tax complications for the Complainant but also serves as corroborating evidence that the reported " debt '' is, in fact, a Canceled Debt and should not be appearing on a consumer credit report as an active liability. The failure to issue a 1099-C may also subject the Respondent to penalties under IRC 6721.

V. VIOLATION OF 15 U.S.C. 1681a ( 2 ) ( A ) ( i ) - PROHIBITION AGAINST FURNISHING UNAUTHORIZED " TRANSACTION OR EXPERIENCE '' INFORMATION : The Respondent 's reporting of the aforementioned accounts directly violates the fundamental exclusion clause of the FCRA, specifically 15 U.S.C. 1681a ( 2 ) ( A ) ( i ). This provision unequivocally stipulates that the term " consumer report '' does not include any report containing information solely as to transactions or experiences between the consumer and the person making the report. As the original creditor, American Express is prohibited by law from furnishing this proprietary " transaction or experience '' information to third-party consumer reporting agencies ( XXXX XXXX XXXX ) for inclusion in the Complainant 's consumer report. This practice constitutes an unauthorized disclosure and a profound breach of the FCRA 's intended scope. 

VI. WILLFUL NON-COMPLIANCE AND INCURRED DAMAGES : The Complainant provided explicit notice to the Respondent regarding the inaccuracies and unauthorized nature of the furnished information. The Respondent 's continued reporting of this demonstrably false data, subsequent to such notification, constitutes willful non-compliance with the requirements of the FCRA. Pursuant to 15 U.S.C. 1681n ( a ), any person who willfully fails to comply with any requirement imposed under this subchapter is liable to the consumer for : 1 ) Actual damages sustained by the consumer as a result of the failure, or statutory damages of not less than {$100.00} and not more than {$1000.00}.

Punitive damages as the court may allow.

2 ) Costs of the action together with reasonable attorney 's fees.

3 ) The Complainant has suffered severe and irreparable harm to their character, reputation, financial standing, ability to conduct business, and capacity to earn a livelihood as a direct and proximate result of the Respondent 's illicit and persistent furnishing of inaccurate and unauthorized information.

VII. DEMAND FOR IMMEDIATE REMEDIAL ACTION : The Complainant demands the following immediate, decisive, and corrective actions from American Express : 1 ) IMMEDIATE & PERMANENT DELETION : Cease and desist all reporting activities related to AMEX Account # XXXX : Reported with an alleged balance of {$2100.00} and AMEX Account # XXXX : Reported with an alleged balance of {$2600.00} to XXXX XXXX XXXX XXXX, and ensure the immediate deletion of all associated entries from the Complainant 's Consumer Report Files ; 2 ) PROVISION OF IRS FORM 1099-C : Furnish a copy of the IRS Form 1099-C for AMEX Account # XXXX and AMEX Account # XXXX as REQUIRED BY LAW, mailed to the Complainant 's address, within fifteen ( 15 ) calendar days from the date of this Complaint ; 3 ) CURATIVE MEASURES : Undertake all necessary curative measures to rectify the adverse impact of the Respondent 's NON-COMPLIANT ACTIONS ON COMPLAINANTS CREDITWORTHINESS ; 4 ) Formal acknowledgment of AMEXs violations and a written assurance of non-recurrence ; and 5 ) Referral of this matter to the Federal Trade Commission ( FTC ) and appropriate State Attorney Generals Office for further enforcement.

If AMEX fails to remedy this matter within fifteen ( 15 ) calendar days, the Complainant reserves all rights to pursue civil litigation, including but not limited to the initiation of a federal claim for willful FCRA violations, with a demand for statutory and punitive damages.

This Complaint is made in good faith and with full reservation of rights. The continued disregard for federal statutes governing consumer rights shall not be tolerated.

VIII. CONCLUSION : The Respondent 's actions demonstrate a pattern of egregious FCRA violations, including but not limited to the furnishing of inaccurate information, the unlawful reporting of canceled debt, and the unauthorized disclosure of " transaction or experience '' data. Failure to fully address and rectify these critical issues within the stipulated timeframe will unequivocally compel the Complainant to pursue all available legal remedies, including but not limited to litigation, to enforce their rights under the FCRA and to seek full compensation for all damages incurred. 

Respectfully Submitted, XXXX XXXX XXXX

Company response to consumer: Closed with explanation