Consumer complaint received 2026-06-03 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: AMERICAN EXPRESS COMPANY
State: FL

Complaint narrative:
Category : Credit card Issue : Improper collection practices/ unfair or abusive conduct SubIssue : Retaliatory litigation following protected activity -- - What happened I am filing this complaint because American Express XXXX Bank ( AmEx ) initiated a lawsuit against me immediately after I exercised a protected legal right by challenging an improper wage garnishment. The timing and sequence strongly indicate retaliatory litigation, which constitutes an unfair, deceptive, or abusive act or practice ( UDAAP ) under federal law and violates Floridas consumerprotection statutes. 1. Improper garnishment and protected activity In XXXX, AmEx obtained a writ of garnishment against my wages in XXXX XXXX American Express National Bank, Case No. XXXX. The garnishment was improper because the funds were exempt. I exercised my legal rights and filed a challenge. The Court ruled in my favor and reversed the garnishment. Exercising rights under state law is a protected activity. See XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX ) ( recognizing consumer protection from retaliatory or abusive collection conduct ). 2. AmEx immediately sued me after losing the garnishment challenge AmEx had years in which it could have filed a collection lawsuit ( XXXX, XXXX, XXXX, XXXX, and most of XXXX ). It did not. Only after : I challenged the improper garnishment, the Court reversed the garnishment, and I filed a lawsuit to enforce compliance, AmEx suddenly initiated a new lawsuit against me in Case No. XXXX. This timing is not coincidental. It is retaliatory. 3. Retaliatory litigation is unlawful under both state and federal standards Florida law prohibits a creditor from asserting a legal right it knows it does not possess. XXXX XXXX. XXXX ( XXXX ) ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ). Federal courts recognize that retaliatory or coercive litigation can constitute an abusive practice. See XXXXXXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( punitive damages available for willful consumerprotection violations ). AmExs conduct fits this pattern : improper garnishment, court reversal, immediate retaliatory lawsuit, pressure and coercion following protected activity. 4. Long history of voluntary payments I have been an AmEx customer since XXXX and have voluntarily paid chargedoff accounts without demand or collection pressure. Even during hardship, I made goodfaith payments. This makes the sudden lawsuitfiled only after AmEx suffered an adverse rulingappear even more retaliatory. 5. Harm suffered AmExs conduct caused : emotional distress, financial strain, time lost, litigation costs, interference with ongoing legal proceedings. Emotional distress damages are recognized in consumerprotection contexts. See XXXX, XXXX. -- - What I am requesting I request that the CFPB : 1. Investigate AmExs conduct, including the retaliatory timing of the lawsuit. 2. Determine whether AmEx violated federal UDAAP standards by using litigation as a coercive tool. 3. Require AmEx to explain why it waited years to sue but filed immediately after losing the garnishment challenge. 4. Ensure AmEx corrects any improper collection practices, account handling, or internal procedures. 5. Ensure no further adverse actions are taken against me for exercising my legal rights. -- - Desired Resolution A full regulatory review of AmExs conduct. Written explanation from AmEx regarding the timing and purpose of the lawsuit. Correction of any improper collection actions. Assurance that AmEx will not retaliate against consumers who challenge unlawful garnishments or assert their rights. -- -

Company response to consumer: Closed with explanation