Consumer complaint received 2023-08-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX
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:
According to Section 602 of the Fair Credit Reporting Act, 15 USC 1681, " there is a need to ensure that consumer reporting organizations execute their grave duties with fairness, impartiality, and a regard for the customer 's right to privacy. '' I am the Consumer, and XXXX and XXXX are consumer reporting companies. 15 USC 6801 states that " it is the intention of the Congress that each financial institution has an affirmative and continuous commitment to respect the privacy of its customers and to maintain the security and confidentiality of those customers ' nonpublic personal information. '' Furnisher of information to credit agencies is, by definition, a financial institution. Section 604 a section 2 of 15 USC 1681 reads that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' The financial institution and the consumer reporting companies, XXXX and XXXX, do not have my consent to supply this information, and they certainly do not have my written authorization. Any and all verbal, nonverbal, written, implied, or other agreement to XXXX, XXXX, or all financial institutions are revoked. Also, 15 USC 6802 ( b ) ( c ), " a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is provided with an explanation of how the consumer might exercise that nondisclosure option. '' I was never informed of my right to exercise my nondisclosure option by any financial institution. Not only that, but 15 USC 1681C ( a ) ( 5 ) states, " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of criminal convictions that predate the report by more than seven years. '' This account is an adverse item they are reporting without my permission which is illegal. " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate, according to 15 U.S. Code 1681s2 ( A ) ( 1 ) A. 
" Every consumer reporting agency shall maintain reasonable processes designed to avoid breaches of part 1681c of this chapter and to confine the provision of consumer reports to the objectives indicated in section 1681b of this title, '' according to 15 U.S. Code 1681e. Reasonable procedures are not being maintained by XXXX and XXXX. Also, according to 12 CFR 1016.7, " a consumer may exercise the right to opt out at any time. '' I am declining your reporting services.

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