Consumer complaint received 2020-01-15
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
XX/XX/XXXX To FTC Secretary, Dear Secretary, my name is XXXX XXXX a local from XXXX, CA and a proud veteran of this great country. In XX/XX/XXXX I was a victim of Identity theft. My creditor Bank of America was aware of my situation and never followed up with an investigation. It was my understanding after speaking with a Bank of America fraud specialist,  that my account was on HOLD until further notice pending investigation. On record there are at least 5 different occasion I called Bank of America informing them of the fraudulent activity on my account. At one-point Bank of America even sent me a Credit Card with a different name on it. Same account number but different name. Again, I called back to correct their mistake. Then, about 60 days ago the fun begins. I received a letter from my employer that a levy has been put on my salary of {$1100.00} a month or {$550.00} biweekly. I immediately rushed to pay roll and found out that my Credit Card account from Bank of American had been sent to collection and that was being sued by XXXX XXXX XXXX XXXX XXXX XXXX. A law office out of XXXX, California. Not knowing who to turn to I started making calls to Bank of America and XXXX XXXX XXXX. Mind you, that I work 10 hour shifts I get 2 fifteen-minute breaks and a half hour lunch, and my commute is 140 miles roundtrip daily. The average holding time to speak to an associate who can lead you into the right direction is about 45 minutes. And even then, 9/10 they redirect your call multiple times. So, after hours on the phone with Bank of America their fraud specialist informed me that there was nothing, they can do for me cause my case was with the Law office. So then, I called the XXXX XXXX XXXX trying to speak to XXXX XXXX XXXX or XXXX XXXX XXXX so that maybe could figure out this together. Again, I was never served or given any notification, nor I sign any legal document acknowledging I was aware I was been sued by this law firm. So, after a 90-minute hold time and multiple phone transfers. I was informed by the firm that XXXX XXXX or XXXX XXXX does not receive phones calls from people like ME! So, I was asked to speak to an associate and explain my situation and that I wanted an opportunity to temporarily stop the levy or reduced it until my investigation was finish. And after another half hour with her, she informs me that she not a license lawyer and there was nothing she can do because she was just a secretary. Then she advises to summit a request to the Law firm to bring down the payment of {$550.00} a paycheck to {$200.00}. After summiting numerous requests, I was informed it would take 4 business days to hear back on my request. These conversations took place XX/XX/XXXX. 6 paychecks later and {$1100.00} less from my monthly income has put me on the verge of bankruptcy. Just this paycheck just with my mortgage of {$1500.00} and {$600.00} childcare responsibilities have put me in the negative - {$200.00}. Not including the {$60.00} in gas I spent commuting to work every 3 days, not including food, water, gas that is necessary to sustain my household. My question to you is, is these how it is with average citizen? I have not been given a fair chance. Both the Law office and Bank of American keep telling me it is what it. I have missed my XX/XX/XXXX and XX/XX/XXXX home mortgage payments. Please I am begging for help. I have written to my congressman and senator and even the State D.A. and have not received a single courtesy phone call. 
Thanks, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XXXX File : XXXX

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation