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A Florida man is suing American Express for wrongfully listing him as dead, which blocked him from getting credit he needed.
Ft. Lauderdale resident Joseph Grudzinskas says he was denied a credit line multiple times after trying to get the error fixed because American Express “repeatedly verified the false information” to Experian and other major credit reporting bureaus, according to the complaint.
Top Class Actions reports on lawsuits filed when consumers feel they have been wronged. We’ll follow the case and let you know if a settlement is reached and if it involves compensation.
Grudzinskas says he had a relative moving in with him that needed wheelchair access. When he sought out a credit line to finance the remodeling in 2019, he learned American Express was reporting him as no longer alive.
When Grudzinskas tried to remedy the error by dealing with the credit bureaus directly, American Express allegedly continued to confirm the error and never conducted a proper investigation to fix the problem.
Grudzinskas argues if American Express had made any attempt to contact him he “would have easily revealed that he was very much alive and in fact the individual disputing that he was deceased.”
The credit card company eventually sent him correspondence on the issue, Grudzinskas explains in the lawsuit, but addressed the material to “The Estate of Joseph Grudzinskas.”
He says the problem left him “denied credit on multiple occasions” and feeling “embarrassment, humiliation, anger, fear, worry, sleeplessness, and frustration.” He was unable to get the credit needed for his home remodeling.
Formally, Grudzinskas is accusing American Express of violating the Fair Credit Reporting Act. He’s seeking statutory, actual and punitive damages. In addition to suing American Express, he’s also taken legal action against all three major credit bureaus. He settled with Experian in October, according to court documents.
Grudzinskas isn’t the only credit card holder who has been wrongfully listed as dead. A New Jersey woman faced a similar problem in August after trying to open a Lowe’s credit card, NJ.com reports.
After a lengthy wrangling with the credit card bureaus and with Lowe’s, she found her Social Security Number had been wrongfully entered into the home improvement store’s system.
American Express is no stranger to legal action, either.
Last July, the company was hit with a class action lawsuit alleging violations of the Truth in Lending Act by sending inaccurate billing statements.
In 2017, a class action lawsuit alleged American Express was calling card holders without their consent, breaking rules lined out in the Telephone Consumer Protection Act.
Later that year, an Illinois man formed another class action lawsuit against American Express alleging the company failed to deliver hotel points as promised.
Consumers are advised to regularly check their credit reports for accuracy. Errors can be disputed directly through the major credit bureau websites: Equifax.com, Experian.com and TransUnion.com.
The Federal Trade Commission (FTC) offers sample dispute letters to use for these purposes. Legally, the credit reporting bureaus have 30 days to investigate and remove errors, according to the FTC.
Do you hold an American Express credit card? Have you experienced errors in your credit reports? Tell us your story in the comment section below!
Counsel representing Grudzinskas is Frank H. Kerney, III, of Morgan & Morgan, Tampa, P.A.
The American Express Experian Lawsuit is Grudzinskas v. American Express Company, Case No. 0:21-cv-60103, in the U.S. District Court for the Southern District of Florida, Ft. Lauderdale Division.
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