Consumer complaint received 2023-07-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Inviolation of the Fair Credit Reporting Act, Bank of America refuses to removed a delinquency int he 3 credit reporting agencies. This was fraud during an account takeover. In spite of the fact I reported the fraud when it occurred on XX/XX/XXXX ( 4 credit cards were involved and the credit card fraud dept had no clue about 3 of them until I reported them. ) They were aware ( see screen shot around XX/XX/XXXX as well as previous response from their regulatory complaints dept dept acknowledging these frauds were reported on XX/XX/XXXX. Email is attached proving this was reported. 3 of the credit card fraud cases were settled but the person handling the card now ending in XXXX did absolutely nothing until XX/XX/XXXX - total ineptitude and no fiduciary responsilbility as well as blatant violation of the Fair Credit Reporting Act. To make matters worse, during the account takeover, the thief fraudulently obtained cash advances, transferred the stolen funds into his Bank of America checking account ( I know this because of the attached police investigation report. ) Instead of going after the thief, knowing his name, address, BOA checking account number and computer IP address, that person insisted on holding me responsible. There was also a violation of the Electronic Funds Transfer Act when the bank should have realized this was a fraud- I did receive a call after the fact ) It wasn't until XX/XX/XXXX when I was finally told to file a claim with the checking account fraud dept. I filed the claim on XXXX XXXX, XXXX. It took checking account fraud until XX/XX/XXXX to realize the violation of EFT and they sent me a letter and the funds for the entire fraud amount ( see attached ). I refused to pay the XXXX account balance which with interest and late fees was {$1900.00} since it was a fraudulent cash advance which I reported. Not my fault there was ineptitude in it not being worked until XXXX XXXX, XXXX. The credit card fraud dept was recalcitrant and refuses to close the case. With the funds from the checking account fraud, I paid the fraudulent card off. ( First,, I paid {$230.00} to bring it up to date. I had just hired an attorney and would have sued BOA.How can Bank of America get away with ignoring bank regulations? Last week I sent an email to XXXX XXXX XXXX and XXXX had called me. She was able to have the additional finance charges refunded to me since it was fraud and the total settlement did not cover the subsequent finance charges. She told me she requested the delinquency be removed but couldn't promise. Obviously, in spite of XXXX requesting the delinquency b removed since the bank was in violation of the Fair Credit Reporting Act, they are adamantly refusing.

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 monetary relief