Consumer complaint received 2017-03-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Improper contact or sharing of info
Sub-issue: Talked to a third party about my debt

Complaint:
I, the consumer, defined by 15 U.S. Code Section 1692a ( 3 ) as any natural person obligated or allegedly obligated to pay any debt. 

15 U.S. Code Section 1692a ( 4 ) The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 

15 U.S. Code Section 1692a ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. 

15 U.S. Code Section 1692c ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 

( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 

Specific Violations : BANK OF AMERICA has violated 15 U.S. Code Section 1692c ( a ), I, the consumer did not authorize or give you prior consent to communicate with me, and there is no express permission of a court of competent jurisdiction. 

BANK OF AMERICA violated 15 U.S. Code Section 1692c ( b ), as they communicated with other parties and individuals, namely XXXX. 

BANK OF AMERICA violated 15 U.S. Code Section 1692c ( c ), I the consumer notified BANK OF AMERICA XX/XX/2013 to cease and desist all activity. 

BANK OF AMERICA did an assignment that was recorded in the county recorder 's office in XX/XX/2013, causing a transfer of debt to a third party to claim, in violation of 15 U.S. Code Section 1692c ( b ). I did not give you my prior consent, or you did not have the express permission of a court of competent jurisdiction.

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