Consumer complaint received 2025-06-04 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Fees or interest — Problem with fees
Company: AMERICAN EXPRESS COMPANY
State: NY

Complaint narrative:
CFPB Rebuttal Response Regarding XXXX XXXX 's Call CFPB Complaint ID : XXXX Re : Inadequate Resolution and Intimidation by American Express Regulatory Office I was recently contacted by XXXX XXXX of American Expresss regulatory office. She claimed that the company has completed its investigation regarding both of my CLOSED CFPB complaints. Her tone was dismissive, and she emphasized the call was being recorded, clearly attempting to deter further action.

Let it be noted for the record that this response is wholly inadequate and ignores multiple points of concern raised in my filings : Failure to Acknowledge System Error : American Express failed to register my autopay authorization initiated on the date of card activation. Despite linking my bank account immediately, the company has not proven that a failure occurred on my end. I demand system logs that show the failure was not due to an internal malfunction.

Unjust Enrichment : Charging late fees and interest due to a system failure and refusing to reverse them constitutes unjust enrichment and is likely in violation of : Truth in Lending Act ( TILA ) 15 USC 1601 Fair Credit Billing Act ( FCBA ) Fair Debt Collection Practices Act ( FDCPA ) 15 USC 1692g ( b ) Uniform Commercial Code ( UCC ) Article 3 & 4 ( Electronic fund transfers and unauthorized charges ) New York General Business Law 349 Lack of Good Faith and Transparency : American Express refused to provide a detailed audit trail, including transaction logs or customer service records to support their claims. 

Failure to Respond to Proof of Claim : I issued a lawful Proof of Claim and American Express failed to rebut or validate the claim. 

I am formally requesting the CFPB reopen this complaint and escalate it to a supervisory enforcement officer. This situation not only impacts me as a consumer but highlights a broader systemic failure that could be affecting thousands of other cardholders.

Federal Statutory Violations 1. Truth in Lending Act ( TILA ) - 15 U.S. Code 1601 et seq.

Violation of 1666 ( Fair Credit Billing Act ) : Amex failed to conduct a reasonable and good faith investigation of the billing dispute, and did not correct the billing error or provide a proper explanation as required.

Violation of Regulation Z ( 12 CFR 1026.13 ) : Failure to correct billing errors or suspend collection of disputed charges during investigation.

2. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) - 12 U.S. Code 5531 Charging excessive late fees on a negligible balance ( {$10.00} ) constitutes a deceptive and abusive act under CFPB 's UDAAP authority.

Refusing to refund fees while misleadingly stating Amex is " unable '' to issue goodwill credits is a deceptive trade practice.

3. Electronic Fund Transfer Act ( EFTA ) - 15 U.S.C. 1693 et seq.

Violation of 1693e and 1693m : Amex failed to provide notification that AutoPay had not been set up prior to XX/XX/year>. This constitutes a failure to obtain valid authorization for recurring transfers and XXXX subject Amex to liability. 

4. Fair Credit Reporting Act ( FCRA ) - 15 U.S. Code 1681s-2 ( b ) If Amex reported negative payment history while the account was in dispute, they may have violated FCRA requirements to report accurate information.

III. Uniform Commercial Code ( UCC ) Violations UCC 1-304 ( Obligation of Good Faith ) Every contract imposes an obligation of good faith. Amex 's refusal to address a minor billing issue despite evidence of prior AutoPay use and consumer good faith violates the duty of fair dealing.

UCC 2-302 ( Unconscionable Contracts ) The late fee of {$31.00} on a {$10.00} balance is grossly disproportionate and may be deemed unconscionable, thus unenforceable under commercial law.

UCC 2-719 ( 3 ) Limitations on remedies that cause the agreement to fail its essential purpose ( e.g., refusing any goodwill or flexibility ) are not enforceable.

IV. New York State Law Violations 1. General Business Law 349 ( Deceptive Acts and Practices ) Amex misrepresented their ability to reverse charges and failed to disclose critical facts about AutoPay setup.

2. NY Banking Law 9-f Requires fair dealing and full disclosure in consumer transactions. Amex failed to disclose non-activation of AutoPay and misrepresented their refund policy.

3. NY General Obligations Law 5-501 Addresses unconscionable interest or fees; charging {$31.00} in penalties on a {$10.00} balance likely exceeds the intent of the statute.

V. Criminal Liability Consideration Mail Fraud ( 18 U.S. Code 1341 ) If Amex sent misleading billing statements or responses through the mail, this may constitute mail fraud, a federal offense.

Wire Fraud ( 18 U.S. Code 1343 ) The use of electronic systems to misrepresent billing charges and refund policies may constitute wire fraud.

Deceptive Business Practices ( NYS Penal Law 190.20 ) Amex may have engaged in deceptive business practices by misleading the customer about AutoPay and their internal refund capabilities.

Company response to consumer: Closed with explanation