Consumer complaint received 2025-11-26 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: AMERICAN EXPRESS COMPANY
State: UT

Complaint narrative:
I am filing this complaint against American Express National Bank due to serious and retaliatory actions taken on my personal credit report following my formal dispute of the alleged account ending in XXXX, my election of arbitration under the Cardmember Agreement, the prior CFPB complaint involving the collection agency, and the cease-and-desist already placed by XXXX XXXX XXXX. American Express has now furnished derogatory and false information to the credit bureaus only after they lost the ability to continue collection efforts on my business account, which has caused significant harm, confusion, and financial damage. 

To provide a clear timeline consistent with the documentation already provided to the CFPB in my previous complaint : American Express placed this business account ending in XXXX with XXXX XXXX XXXX  for collection despite the fact that I had sent all of my lawful payments directly to American Express up until the day they closed my account and stated I still owed them money when they've been paid in full. These payments were all sent by certified mail with green return receipts confirming acceptance. American Express did not return any payments except for one which is the last month when they closed my account, did not notify me of any proper refusal, and continued sending statements showing no payment required after receiving them. Under UCC 3-603 and Regulation Z, a creditor who refuses a tender must promptly return the payment and specify acceptable alternatives. American Express did neither, meaning each payment was lawfully accepted and must be reflected in the account. After these payments were made, I filed a 1099-C for this account, which was accepted by the IRS, confirming that the alleged obligation had been canceled. 

Despite all of this, American Express later placed the account with XXXX XXXX XXXX. On XX/XX/year>, XXXX issued its initial collection notice. On XX/XX/year>, I responded with a formal dispute, demand for validation, and an election of binding arbitration under the XXXX XXXX. XXXX responded on XX/XX/year> with only a few billing statements and a generic unsigned cardmember agreement, without any accounting history, no transaction ledger, no proof of ownership, and no documentation showing what was done with my payments. I issued a follow-up notice on XX/XX/year> reaffirming my arbitration election and advising that continued activity would violate federal law. XXXX then sent another letter on XX/XX/year> insisting they had satisfied validation requirements. After I filed my CFPB complaint, XXXX finally placed a cease-and-desist in their system and confirmed they would contact me only when required by law. That acknowledgment alone confirms the account was disputed, under arbitration election, and no longer subject to active collection. 

In their response to the CFPB, XXXX also stated that I must initiate arbitration within 60 days, even though this requirement does not exist anywhere in the Amex Cardmember Agreement, nor in the controlling XXXX  rules, nor under the Federal Arbitration Act. This artificial deadline appears to have been created by XXXX, not American Express, and has no legal basis. Attempting to impose new arbitration conditions not found in the contract is a violation of federal law, including the FDCPAs prohibitions on misrepresenting a consumers rights, and it undermines the integrity of the arbitration clause itself. Once I elected arbitration, the Bank was bound, and neither the creditor nor the collector may impose new terms or deadlines. 

After all of thisincluding the dispute, the arbitration election, the accepted payments, the cease-and-desist placed by the collection agency, and my 1099-CAmerican Express has now reported this account to my personal credit report for the first time ever. This sudden reporting occurred only after the collector was forced to back off and only after my CFPB complaint. American Express never reported this business card to my personal credit file during the life of the account. They only reported it after the dispute, after arbitration was elected, and after collection activity was prohibited. This timing clearly shows retaliatory intent. 

The information they furnished is also false. American Express is reporting that no payments were ever made, despite the certified mail records proving receipt, the green cards showing acceptance, and Amexs own prior statements reflecting no payment due. Reporting a balance as unpaid when payments were actually received, accepted, and never returned violates FCRA 623 ( a ) ( 1 ) ( A ) and constitutes knowingly furnishing inaccurate information. Reporting a disputed and canceled debt as if it were valid is also a violation of the FDCPA and the CFPBs UDAAP ( Unfair, Deceptive, or Abusive Acts or Practices ) standards. Additionally, adding a derogatory tradeline after a cease-and-desist is considered continued collection activity, which XXXX had already agreed to stop. Because American Express is responsible for the actions of its agent, the cease-and-desist binds both parties, and American Express can not restart collection efforts through a different method such as credit reporting. 

Furthermore, the Amex Cardmember Agreementfiled with federal regulators and binding under the Federal Arbitration Actrequires the Bank to cease all collection efforts once arbitration is elected. Instead of following the contract, American Express escalated matters by adding negative tradelines and misrepresenting the status of the account. This action contradicts their own regulatory obligations and represents a breach of their contract. 

I respectfully request supervisory review. American Express has provided contradictory and incomplete information, failed to provide proper accounting of payments received, ignored the arbitration election, allowed the collector to misrepresent my rights, violated the cease-and-desist placed by its own agent, and furnished false and damaging credit information only after collection was halted. These actions have caused unnecessary stress, confusion, and financial harm. I am simply requesting accurate accounting, removal of the false tradeline, acknowledgment of the payments they accepted, and closure of this matter. 

I have all documentation on file, including certified mailing receipts, payment records, statements, arbitration notices, the accepted 1099-C, and all correspondence from American Express and XXXX XXXX XXXX. These can be provided immediately upon request. 

Thank you, XXXX XXXX

Company response to consumer: Closed with non-monetary relief