Consumer complaint received 2024-12-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: AMERICAN EXPRESS COMPANY
State: CO

Complaint narrative:
Complaint Details Entity Complained About : American Express Complaint Type : Unlawful Debt Collection Practices Nature of Complaint : Fraudulent Debt Collection and Violation of the Racketeer Influenced and Corrupt Organizations ( RICO ) Act Summary of Allegations I am filing this complaint against American Express for engaging in unlawful debt collection practices that violate federal law, including the RICO statute. American Express has persistently sought to collect a credit card debt that I contend is both fraudulent and invalid. Their actions, including misleading collection efforts and refusal to provide evidence of lawful debt consideration, demonstrate a deliberate attempt to profit from an unlawful claim. This constitutes racketeering activity under the RICO Act. 

Specific Allegations Fraudulent Debt and Failure to Provide Proof of Consideration American Express has attempted to collect a credit card debt based on terms I contend are fraudulent. I have repeatedly requested documentation that proves the lawful consideration for this debt, but American Express has refused to provide adequate evidence. Without proof of this debt, I contend that the obligation is fabricated and therefore invalid. 

Unlawful Debt Collection Efforts Despite my disputes and formal requests for documentation, American Express has continued to aggressively pursue collection actions, including threatening legal action and reporting this debt to credit agencies. These actions violate federal debt collection laws and are based on an invalid and fabricated claim. 

Knowledge of Fraudulent Debt American Express has been made aware of the lack of lawful consideration and the fraudulent nature of the debt, as evidenced by my correspondence and formal disputes. Despite this, they have persisted in their attempts to collect the debt, demonstrating knowledge of the fraudulent nature of the obligation. 

Violation of RICO Statute American Express actions constitute the collection of unlawful debt under 18 U.S.C. 1962 ( c ).

The companys pattern of continuing to collect a debt it knows to be fraudulent, despite evidence to the contrary, reflects a broader scheme to profit from unlawful debt collection practices.

These actions, in concert with other entities, reflect a coordinated effort to unlawfully profit from debts that are not supported by lawful consideration, which constitutes racketeering activity under the RICO Act.

Why the Debt Collection is Unlawful American Express collection efforts are unlawful for the following reasons : Fabricated Debt I have requested proof of lawful consideration for the credit card debt in question. American Express has failed to provide such proof, leading me to conclude that the debt was fabricated. As they can not prove a valid loss, they have no legal basis to seek remedy through debt collection efforts. 
Failure to Provide Documentation Under the Fair Debt Collection Practices Act ( FDCPA ), creditors are required to provide evidence of debt when disputed. American Express has consistently refused to provide proof of the debt, further demonstrating that their collection efforts are based on a fabricated claim. 

Predatory and Fraudulent Practices The terms under which this credit card debt was issued are predatory and designed to make repayment nearly impossible, ensuring default and enabling American Express to profit from the collection process. These practices are designed to circumvent lawful debt collection methods and violate consumer protection laws. 

Violation of the RICO Statute American Express actions are in violation of the RICO Act, as they involve a systematic effort to collect unlawful debts through fraudulent means. This constitutes racketeering under 18 U.S.C. 1962, as they engage in a pattern of criminal activity aimed at unlawfully collecting debt.

Relevant Penalties Under RICO Under the RICO Act, violations of racketeering laws can result in significant penalties, including : A maximum of 20 years in prison for individuals engaged in racketeering activities. 
Fines up to {$250000.00} or double the amount of money derived from the criminal activity. 
Enhanced sentences for particularly severe violations. 
These penalties highlight the severity of American Express actions and the need for immediate enforcement. 

Documentation of Evidence I can provide the following evidence upon request : Correspondence with American Express disputing the debt and the terms of the credit card agreement. 
Written requests for proof of lawful consideration and the company 's failure to provide such proof. 
Detailed records of American Express continued attempts to collect the debt despite knowing the debt is fraudulent. 
Records of formal complaints filed with the Consumer Financial Protection Bureau and other relevant agencies.

Company response to consumer: Closed with explanation