Consumer complaint received 2020-06-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), credit bureaus are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the accounts listed below. Also, the creditor of this account, which is Bank of America confirmed that they do not have any physical proof, a signed document with my signature on the account. Not only that, they also confirmed that my SSN was added to the account only in XX/XX/2019, which is IMPOSSIBLE as I have been disputing the account for over 1 year and bank of America did not have even my SSN on records at the time of the application, which again, could have been ANYONE who applied in my name online. 

After carefully reviewing all the information that I've been submitting XXXX  failed to provide any proof of the reported Bank of America card being directly connected to my Social Security number. 

I would appreciate if this time this issue will be taking my serious as I have been reporting this account to be taken off for over a year. XXXX XXXX and XXXX  already deleted the fraudulent account. XXXX  has been responding with Automated letters without going over the evidence that I have been providing. Basically I've been getting the runaround and no changes were happening on my credit. 

Bank of America as well was not able to prove that I was the original supplier or user of the credit card as the credit card was obtained electronically. 

Bank of America also failed to provide me with any evidence this account being linked to my ssn. 

RE : Account XXXX Bank of America Dear Sir/Madame : I am writing to dispute the account referenced above. I have disputed this account information as inaccurate with the credit bureaus XXXX  and XXXX, and you have been able to verify this debt. How is this possible? This is not my account! I request that you send me the proper proof that what you are reporting is true, or if you can not, to immediately remove it from my credit report. In the event that you can not verify the item pursuant to the FCRA, and you continue to list the disputed item on my credit report I will find it necessary to sue you for improper reporting of information to the credit bureaus regarding my credit history, actual defamation damages and declaratory relief under the FCRA. According to this regulation, I may sue you in any qualified state or federal court, including small claims court in my area. You have severely limited my ability to purchase a home and get a credit card. In light of the recent changes to the FCRA ( FACTA ), consumers now have the right to go directly to the original creditor and ask for proof of negative information. In addition, court case opinion No. 00-15946 CV-99-00290-D.C. by the US Court of Appeals 9th Circuit, Nelson Vs. Chase Manhattan, the court ruled that the creditor has the responsibility to investigate and make sure that correct information is being reported to the bureaus, and that the consumer has a right to sue under the FCRA, should his or her rights be violated. While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FCRA. I look forward to an uneventful resolution of this matter.

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