Consumer complaint received 2021-09-18
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TN
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Getting a loan or lease
Sub-issue: Credit denial

Complaint:
I did a consumer credit transaction with Bank of America Title 15 U.S. Code 1679a ( 2 ) The term consumer credit transaction means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. 
I filled out a Credit Application with Bank of America Bank of America is A National Bank Part Of The National Banking Associate Bank of America denied my credit application which they cant National Bank Act does not authorize Bank of America to lend credit Title 12 U.S.Code 24 sets forth powers of national banks including Bank of America XXXX XXXX XXXX XXXX vs. XXXX XXXX XXXX  XXXX XXXX, 133 S.C. 202 ; 130 SE 758, ( 1927 ), it was stated, It has been settled beyond controversy that a national bank, under Federal law, being limited in its power and capacity, can not lend its credit by guaranteeing the debt of another. 
In the federal courts, it is well established that a national bank has no power to lend its credit to another by becoming surety, endorser, or guarantor for him. XXXX  XXXX  XXXX XXXX  XXXX XXXX XXXX XXXX, 11 F 2d 83, 271 U.S.669. 
A national bank has no power to lend its credit to any person or corporation... XXXX v. XXXX  XXXX. XXXX, XXXX F XXXX XXXX XXXX XXXX, certiorari denied in 20 S.Ct 1024, 176 US 682, 44 LED 637. 
I use my federal credit card information on the credit application Title 15 USC 1602L The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit Once I gave Bank of America I applied my credit card information to the credit application I gave Bank of America CREDIT. 
Denying the credit application would be considered Unauthorized use of my credit card & unauthorized access device Title 15 U.S. Code 1602pThe term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. 
Title 18 U.S. Code 1029e1 the term access device means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds ( other than a transfer originated solely by paper instrument ) ; Title 18 U.S. Code 1029e ( 3 ) any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud Title 18 U.S. Code 1029e ( 5 ) the term traffic means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of ; Title 18 U.S. Code 1029a ( 6 ) Fraud and related activity in connection with access devices Whoeverwithout the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of ( A ) offering an access device ; or ( B ) selling information regarding or an application to obtain an access device ; Im the ORIGINAL CREDITOR in this consumer credit transaction Title 15 U.S. Code 1602g The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement.

I am a Natural Person & Consumer Title 15 U.S. Code 1602i The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or services which are the subject of the transaction are primarily for personal, family, or household purposes. 
Me XXXX XXXX Is A Natural Person An The ORIGINAL CREDITOR granting Bank of America the right to credit Title 15 u.s.c 1602f the term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment Credit is my RIGHT AS A NATURAL PERSON NOT A PRIVILEGE Title 15 USC 1602L Title 15 USC 1605 Determination of Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the SUM OF ALL CHARGES, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge DOES NOT include charges of a type payable in a comparable cash transaction.

Title 15 U.S.Code 1611 Criminal Liability For Willful And Knowing Violation Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 2 ) uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

Title 15 USC 1692, Congress has concluded that several companies, including yours, use abusive, deceptive and unfair debt collection practices.

I am a Consumer.

Title 15 USC 1692a ( 3 ) A consumer is defined as any natural person obligated or ALLEGEDLY obligated to pay any debt..

Bank of America is a debt collector.

Title 15 USC 1692a ( 5 ) 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. 
The credit is created by the signature of the natural person/original creditor. 
I I DON'T want Bank of America XXXX my access devices ( credit card info, mobile identification number, personal identification number & account number ) without my authorization to XXXX, XXXX, & XXXX. 
Title 18 U.S. Code 1029e1 the term access device means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds ( other than a transfer originated solely by paper instrument ) ; Title 18 U.S. Code 1029e5 the term traffic means transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of ; Title 18 U.S. Code 1029a6 Fraud and related activity in connection with access devices Whoeverwithout the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of ( A ) offering an access device ; or ( B ) selling information regarding or an application to obtain an access device ; I am exercising my RIGHTS UNDER TITLE 15 CHAPTER 41 CONSUMER CREDIT PROTECTION Denied me my rights & CREDIT under chapter 41 is DISCRIMINATION Title 15 U.S. Code 1691a ( 3 ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 3 ) because the applicant has in good faith exercised any right under this chapter.

15 U.S. Code 1691e - Civil liability Any creditor who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for any actual damages sustained by such applicant acting either in an individual capacity or as a member of a class.

Any creditor, other than a government or governmental subdivision or agency, who fails to comply with any requirement imposed under this subchapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than {$10000.00}, in addition to any actual damages provided in subsection Bank of America obtained my credit under false pretenses!

5 U.S. Code 1681q Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.

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