Consumer complaint received 2023-12-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The Fair Credit Reporting Act ( FCRA ) emphasizes the importance of consumer reporting agencies handling consumer information with fairness, impartiality, and respect for privacy. This mandate is clearly stated in 15 USC 1681 Section 602 ( a ), which declares the need for " consumer reporting agencies to exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' As a consumer, I have the right to protect my private information from being shared, as outlined in 15 USC 6801. This section states that " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Notably, the " furnisher of information to credit agencies '' qualifies as a financial institution under this statute. 

Furthermore, 15 USC 1681 Section 604 ( a ) ( 2 ) restricts the circumstances under which consumer reporting agencies like XXXX and XXXX can furnish consumer reports. This section explicitly states : " In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' Neither XXXX nor XXXX, nor the furnisher of information, possess written consent from me to access my personal information. Therefore, any form of implied or verbal consent, written or otherwise, is hereby revoked. 

Moreover, 15 USC 6802 ( b ) ( c ) requires financial institutions to inform consumers about their " nondisclosure option '' before disclosing nonpublic personal information to unaffiliated third parties. However, the furnisher of information failed to inform me of this right. Additionally, 15 USC 1681c ( a ) ( 5 ) prohibits consumer reporting agencies from including " other adverse item [ s ] of information, '' other than criminal convictions exceeding seven years, in consumer reports. This provision directly contradicts the inclusion of outdated negative information on my report without my permission. 

In conclusion, the actions of XXXX XXXX, XXXX, XXXX, XXXX, XXXX, and the furnisher of information clearly violate the Fair Credit Reporting Act and my right to privacy. I demand immediate rectification of this situation, including the removal of unauthorized information from my credit report and adherence to the legal requirements outlined in the aforementioned statutes as well as XXXX XXXX  per violation of the FCRA. 



Unauthorized Credit Inquiries and Inaccurate Reporting : Unauthorized Inquiry - //X ) : Violation : Unauthorized credit inquiry ; Fair Credit Reporting Act ( FCRA ) 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] Unauthorized Inquiry - //X ) : Violation : Unauthorized credit inquiry ; FCRA Section 604 - Permissible purposes of consumer reports. Inaccurate Reporting ( Account Number : ) : Violation : Reporting inaccurate payment history ; FCRA 607. Compliance procedures [ 15 U.S.C. 1681e ] - Compliance procedures regarding accuracy and integrity of information. Inaccurate Reporting ( Account Number : ) : Violation : Reporting inaccurate payment history ; FCRA Section 607 - Compliance procedures regarding accuracy and integrity of information. Unverified Accounts on My Credit Report : Unverified Account - ( Account Number : ) : Violation : Unverified account ; Fair Debt Collection Practices Act ( FDCPA ) Section 807. False or misleading representations. Unverified Account - ( Account Number : ) : Violation : Unverified account ; FDCPA Section 807 [ 15 USC 1692e ] - False or misleading representations. Unverified Account - ( Account Number : ) : Violation : Unverified account ; 15 U.S. Code 6801 - Protection of nonpublic personal information 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 15 U.S. Code 6805 - Enforcement 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION 313.7 Form of opt out notice to consumers ; opt out methods. 
12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 
Anything added to your report without your written consent could be considered Identity theft 12 CFR 1016.1 Purpose and scope. 
12 CFR 1016.4 Initial privacy notice to consumers required 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods Privacy Act of 1974 ( 5 U.S. Code 552a Personal Impact : These infractions have far-reaching effects that go beyond the financial setbacks including lose of job opportunities, denial of Housing and psychological distress they inflict. I have been unable to provide a stable environment for my family. Now XXXX years of XXXX  I'm looking for security and a fresh start. Unfortunately, the errors and disputed accounts on my credit record have turned this fantasy into a crippling ordeal. My family has been severely hampered by the difficulty to obtain advantageous financing anything to stay alive but also keeping a loop of uncertainty alive and causing stress, XXXX  and XXXX. This experience has diminished our emotional resilience and put our financial stability in jeopardy, which lessens the likelihood that things will get better in the future. 

Action : Given the recorded transgressions and the upsetting effects on my life, I beg the Consumer Financial Protection Bureau to take action and make these violations right. I fervently ask that the unlawful credit inquiries be stopped, that false information be corrected in reports, that the unverified accounts be thoroughly investigated, and that there be a monetary remedy provided for the aforementioned infraction. I think that consumer protection legislation have the ability to guarantee fair and just financial practices. By taking action against these infractions, you protect the integrity of credit reporting systems for all customers while simultaneously helping to restore my financial stability. I value your consideration of this issue and look forward to a thorough conclusion that upholds consumer rights and advances financial justice of XXXX $ per violation of the FCRA.

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