Consumer complaint received 2023-08-05
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XX/XX/XXXX In XXXX & XXXX I submitted a written request for XXXX XXXX XXXX XXXX to remove negative information from my credit report. XXXX XXXX XXXX XXXX agreed to remove this information in a contract with me in XXXX. Failure to honor this contract is considered wire fraud and breech of contract. It is now XX/XX/XXXX and XXXX XXXX XXXX XXXX has failed to respond to my request. Accordingly they are now in violation of FCRA 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies by failing to provide notice within the time identified in the statute as described in section 603 ( p ). I respectfully request the CFPB to intervene and facilitate this complaint with an acceptable outcome outside of the court process. 

I have gotten copies of my credit report from XXXX XXXX XXXX, XXXX, XXXX & XXXX and noticed that an account I had with XXXX XXXX XXXX was on all of them.! I never authorized nor gave written, unwritten verbal and nonverbal communications to any of the 3 companies per 15 USC 6802. 15 U.S.C 1681 Section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 ; It also states a consumer reporting agency can not furnish an account without my written instructions Per 15 U.S. Code 1681a- ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1666a & 15 U.S. Code 1666d - Treatment of credit balances Whenever a credit balance in excess of { {$1.00} } is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 

XXXX XXXX XXXX - {$87.00} No Account Number listed. 


XXXX 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