Consumer complaint received 2025-04-23 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: AMERICAN EXPRESS COMPANY
State: IN

Complaint narrative:
Institution Complained Against : American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Account Number : XXXX SUMMARY OF COMPLAINT On XX/XX/year>, I, XXXX XXXX, acting as the authorized representative of the XXXX XXXX XXXX XXXX, submitted a lawfully issued security instrument in the amount of {$1000.00} as a secured payment coupon to American Express in accordance with trust and private settlement protocols. This instrument was accepted in-hand by their office. 

However, American Express failed to return the original negotiable instrument. Instead, they responded : We were unable to process your payment of {$1000.00} received on XX/XX/year> because it wasnt an acceptable form of payment. 

Despite this so-called rejection, the original instrument was never returned, and instead a photocopied facsimile was mailed back on plain paper, clearly demonstrating that the original was converted, retained, or disposed of unlawfully. This action violates the following statutes and regulations : VIOLATIONS CITED 1. UCC 3-603 Tender of Payment Once tender of payment is made, and the obligee unjustifiably refuses to accept the tender, the obligor is discharged as if payment had been made. American Express failed to process the valid instrument or reject it in accordance with 3-603 ( a ) and ( b ).

2. UCC 3-604 Discharge by Cancellation or Renunciation Retention and dishonor without returning the original creates an unlawful cancellation or impairment of the instrument, especially when no lawful rejection or return under protest was performed.

3. Conversion and Commercial Dishonor By refusing to return the original trust-issued negotiable instrument, American Express has unlawfully converted private trust property, an act tantamount to theft under commercial law, violating fiduciary and consumer financial obligations.

4. Breach of Fiduciary Duty and Fair Dealing ( 12 CFR 1002.4 ) American Express failed in its duty to handle consumer payments and private trust instruments with good faith and in accordance with applicable consumer financial protection laws.

5. Failure to Provide Proper Accounting and Fair Credit Reporting ( 12 CFR 1026.7 ) As no valid rejection was issued and the payment was converted, the balance should have been credited. American Express failed to credit the account and failed to provide proper statements reflecting the tender.

6. breach of indentured agreements & Sec filings DEMAND FOR CREDIT & CIVIL MONEY PENALTIES Due to American Expresss dishonor without lawful protest, conversion of trust property, and failure to credit a valid payment, I am demanding : Immediate credit to Account # XXXX in the amount of {$1000.00} as required by UCC 3-603 and 3-604.

Return of the original security instrument, or a sworn affidavit explaining its disposal or conversion.

Civil Money Penalties beginning at {$25000.00} USD, pursuant to 12 U.S.C. 5565 ( a ), for the unlawful seizure and dishonor of trust-based negotiable instruments. This penalty includes : {$1000.00} per day for willful dishonor, {$5000.00} for unauthorized retention, {$15000.00} for failure to return trust property and resolve dispute in good faith.

Further refusal to act in equity and good faith will result in lien enforcement, private arbitration, and escalation to additional federal and regulatory enforcement bodies including : Office of the Comptroller of the Currency ( OCC ) Securities and Exchange Commission ( SEC ) Federal Reserve Board Legal Division IRS Treasury Inspector General for Tax Administration ( TIGTA ) REMEDY REQUESTED 1.Immediate credit of {$1000.00} to the account.

2.Return of the original security instrument or affidavit of handling.

3.Enforcement of civil money penalties beginning at {$25000.00}.

4.Written acknowledgment of wrongdoing and commitment to policy correction.

All rights reserved. Submitted without prejudice under UCC 1-308. 
This complaint is made in good faith and under oath as to its truth and accuracy.

Company response to consumer: Closed with explanation