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I was an AU on my mother's amex. she defaulted. she wrote execs and explained situation (sick husband, excellebnt customer for 40 years) they wrote back sure we cazn keep curreent and good standing, call us to make pay arrangements. since this was prior to christmas we did so on the 26th. put straight collections company (GS). We've been writing to the person who contacted us (head of Risk DIvision) to see if he can rectify the situation sine he had already agreed.
In any event, the collection agency called on 12 26 asking for all of us (maning the AUs too). Told my mom she had to pay in full by 12/29 or else.
Called ME today to tell me I am wrong, that they can sue me and will report me to cras TODAY if I don't call and pay.
They JUST got this acct on 12 26, never sent us written docs (who they are, account, account #, balance) or the 30 days to reply.
If they DO report to me can I dispute AND sue based on;
1) No written communication
2) No 30 day period
3) I am AU and not legally responsbile therfor cannot be reported for collections?
I would send something like this if they report you.
I'm an authorized user only and am not financially responsible for this debt. By reporting me delinquent, you are impugning my credit reputation in full violation of the Fair Credit Reporting Act (FCRA). I am aware of my rights under the Act. I intend to enforce them if you don't immediately remove all derogatory information from my credit profile that you placed there as a result of non-payment by the financially responsible party.
In addition, please provide me with a copy of the agreement you claim I signed and upon which you are reporting delinquencies in my name to the credit bureaus.
The OC can report both the good and the bad when you are AU.
I really don't know if there is anything that prevents this from happening with the CA.
You need to be removed as AU.
Brief update; The CA called me directly and said 'your mother is wrong, I can collect from you and I am reporting to your Credit Reports today'
I called my attorney (Credit Attorney) he is practically salivating; if they do report to my credit report as a collection it is an egregious violation of FCRA laws and he says he can sue for far more then the $1000 violations generally associated with violations, and this is for all the AUs they report (myself, sisters, etc)
He said to call them, tell her to never call me again, and if she has any comments/questions to call him directly.