Consumer complaint received 2025-01-07 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: AMERICAN EXPRESS COMPANY
State: FL

Complaint narrative:
Per the Fair Credit Reporting Act ( FCRA ), I am a federally protected consumer. I formally opted out of any and all authorizations I may have given to American Expresswritten, unwritten, verbal, and non-verbalunder 15 U.S.C. 6802. This opt-out request was sent via certified mail, as permitted by law, and explicitly requested that American Express cease the reporting of my payment history and utilization data to third-party credit bureaus. Despite this, American Express has continued to report my payment history and utilization data to third-party credit bureaus, directly violating my rights under multiple federal statutes. 

Additionally, XXXX has furnished my credit report to American Express, despite my credit file being frozen for over a year. This constitutes a clear violation of my rights under the FCRA and associated regulations. Below are detailed violations committed by both American Express and XXXX, with full legal citations and explanations of how they apply : Violations by American Express 1. 15 U.S.C. 6802 ( Gramm-Leach-Bliley Act - GLBA ) Text : A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is provided an opportunity to opt out of such disclosure. 
Violation : American Express failed to honor my opt-out request and continues to share my payment history and utilization data with third parties, including credit reporting agencies, without my authorization.

2. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ( FCRA ) Text : 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.

Violation : By reporting my information after my opt-out request, American Express

is knowingly furnishing unauthorized and therefore inaccurate information, as the consumer has explicitly withdrawn authorization. 3. 5 U.S.C. 552a ( Privacy Act of 1974 ) Text : Each agency that maintains a system of records shall ensure that records are maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual.

Violation : American Expresss unauthorized reporting of my financial information to third parties violates the Privacy Acts provisions for fairness and relevance, especially when I have explicitly opted out.

4. 16 C.F.R. 313.10 ( GLBA Implementing Rule ) Text : Financial institutions must ensure that nonpublic personal information remains confidential and is used only for lawful purposes.

Violation : American Express has disregarded its obligation to maintain the confidentiality of my nonpublic personal information, unlawfully sharing it with credit bureaus after my opt-out request. 

Violations by XXXX XXXX. 15 U.S.C. 1681c-1 ( h ) ( FCRA ) Text : A consumer reporting agency shall prohibit the release of any information in the file of a consumer who has elected to freeze their file. 
Violation : My XXXX  credit file has been frozen for over a year. However, XXXX provided my credit report to American Express without my authorization, in violation of FCRA provisions.

2. 15 U.S.C. 1681e ( a ) ( FCRA ) Text : Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c and to limit the furnishing of consumer reports to those with permissible purposes. 
Violation : XXXX failed to implement reasonable safeguards to prevent unauthorized access to my frozen credit file, allowing American Express to obtain my credit information unlawfully.

3. 15 U.S.C. 1681b ( c ) ( FCRA ) Text : Consumer reports may only be furnished for permissible purposes outlined in the FCRA. 
Violation : XXXX provided my credit report to American Express without my consent, despite my frozen file status and opt-out request.

4. 5 U.S.C. 552a ( Privacy Act of 1974 ) Text : Each agency that maintains a system of records shall ensure that records are maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual. 
Violation : XXXX failed to ensure the fairness and confidentiality of my records by unlawfully sharing my frozen credit data with American Express.

Company response to consumer: Closed with explanation