ARE YOU RECEIVING HARASSING COLLECTION CALLS FROM AMERICAN EXPRESS?

If you are receiving automated debt collection calls (or “robocalls”) on your cell phone from American Express, you have rights under the Telephone Consumer Protection Act, and could be entitled to $ 500 – $1,500 per violating call.

If you are receiving collection calls from American Express and you are a California resident, you may be entitled to up to $ 1,000 under the Rosenthal Fair Debt Collection Practices Act.

Under the Rosenthal Fair Debt Collection Practices Act, American Express may not communicate with a consumer in connection with the collection of any debt—

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location;

(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney’s name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or

(3) at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.

Under California law, American Express may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person;

(2) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader;

(3) The publication of a list of consumers who allegedly refuse to pay debts;

(4) The advertisement for sale of any debt to coerce payment of the debt;

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number;

(6) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller’s identity.

Under California law, American Express may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:

(1) The false representation of— (A)the character, amount, or legal status of any debt; or (B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt;

 (2) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

(3) The threat to take any action that cannot legally be taken or that is not intended to be taken.

(4) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to— (A) lose any claim or defense to payment of the debt; or (B) become subject to any practice prohibited by this subchapter.

(5) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

Here are some numbers American Express calls from:

623-492-1258

855-431-0554

623-492-7299

623-492-4000

800-592-1160

Martin & Bontrager, APC has helped stop collection calls from American Express for numerous clients over the years.  If you are being harassed or abused by American Express, American Express is reporting incorrect information to credit reporting agencies, or you believe American Express is violating your consumer protection rights, contact us at www.mblawapc.com or at 323-940-1700 for a free consultation today.