Consumer complaint received 2023-08-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
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:
In XX/XX/XXXX, I became aware that my personal information was used to open and make charges to a credit card with Bank of America between XX/XX/XXXX and XX/XX/XXXX. I was made aware of this, now closed, account when my credit was checked by XXXX Bank for a loan application I recently submitted for a home equity line of credit which was denied due to the impact of this fraudulent account on my credit score. I immediately contacted XXXX for a 3-agency credit check and saw the BofA credit card listed as an account that was opened with a {$20000.00} credit limit that was maximized and never paid, resulting in a balance of over {$46000.00} that was ultimately written off. 

This account was not opened by me, and I have never held any bank accounts or credit cards with Bank of America. However, my husband and I did make an inquiry with Bank of America about a potential mortgage refinance in XXXX of XXXX for our rental property at XXXXXXXX XXXX XXXXXXXX in XXXX, North Carolina. We did not move forward with an application because we ended up finding a better refinance option with XXXX Bank ( formerly XXXX ) which originated in XX/XX/XXXX. I am not certain whether this inquiry with Bank of America was associated with the resulting fraudulent BofA credit card account that was opened in XXXX of XXXX. 

Since this discovery, I have taken the following steps : 1. I placed a credit freeze and filed disputes with all three credit bureaus.

2. I have filed an identity theft report with the Federal Trade Commission ( copy enclosed with this letter ). 
3. I filed a police report with XXXX XXXX ( report # XXXX ) at the XXXX, XXXX Police Department. 
4. I sent a letter via certified mail on XX/XX/XXXX to Bank of America to formally dispute this account and request substantiation for all efforts made by Bank of America to confirm my identity prior to issuing this credit card ( copy enclosed with this letter ). 

My dispute with XXXX resulted in the account being deleted from my file, however the disputes both XXXX and XXXX were closed with the statement " we verified that this item belongs to you. '' However I have not bee furnished with any of the evidence substantiating this determination by any credit bureau or by Bank of America. 

I have never been contacted by a Bank of America representative by mail, phone or electronically other than an acknowledgment of my dispute dated XX/XX/XXXX. However on XX/XX/XXXX, I received the very first correspondence from a debt collection agency ( by letter from XXXX and XXXX, XXXX. ) regarding this matter. I will be sending all of the materials listed above to this agency to dispute the claim with them as well. 

I rarely apply for credit of any kind and may not have known about this account if it had not been for the recent inquiry with XXXX Bank. Please note from my file that I have impeccable credit history aside from this fraudulent account. 

I understand my rights under the Fair Credit Reporting Act to " obtain documents related to fraudulent accounts or transactions from a creditor and to block them from my credit report. '' Despite my repeated request, I have not be furnished with any substantiation to negate my claim that this account was not opened by me and is the result of identity theft. 

Thank you for your help

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