Consumer complaint received 2023-08-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I called Bank of America Customer Service for Credit Card Holders over the course of the last week on multiple occasions. They also have the phone records and it links them to my account. I read them their privacy policy which will be attached below verbatim and expressed that I was exercising my right to OPT-OUT of any and all of my personal, financial and confidential information being furnished to any third party non-affiliates such as credit bureaus like XXXX, XXXX, XXXX, XXXX XXXX and XXXX. Some agents claimed they couldn't opt me out and I spoke to supervisors who said they could opt me out and made claims that they did. Yet I ordered my credit reports from all the bureaus and my information is still being illegally reported. I asked them to investigate & remove the inaccurate accounts from my consumer report that they are illegally reporting to no avail and more disrespect. This is a clear VIOLATION of my consumer rights under 15 U.S Code 1681b -Permissible purpose of consumer report ( a ) IN GENERAL subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances, and no other : ( 2 ) in accordance with WRITTEN INSTRUCTION of the consumer, to whom it relates. I NEVER gave any consumer reporting agency WRITTEN CONSENT to report anything on my consumer report, which violates my rights as a federally protected consumer. 15 U.S.Code 1681 section 602 A. States I have the right to privacy. 15 U.S. Code 1666b. A Creditor may not treat a payment on a credit card account under any open end consumer credit plan as late for any reason. My account displays clear VIOLATIONs of my consumer rights According to the Fair Credit Reporting Act ( FCRA ) 15 U.S. Code 1681a ( 2 ) a ( 1 ), EXCEPT AS PROVIDED in paragraph ( 3 ), the term " consumer report '' does not include reports containing information solely as to TRANSACTIONS. Therefore, I request that my TRANSACTION between Myself and Bank of America, be updated to what is fair and equitable to me as a consumer. I request Accounts be updated to, PAANL ( Paid As Agreed Never Late to my consumer report. NO CONSENT IS IDENTITY THEFT. As a consumer I am demanding that the Accounts LISTED be BLOCKED and DELETED IMMEDIATELY! YOU ARE IN VIOLATION OF EVERY CODE IVE IDENTIFIED. Bank of America 's privacy policy Specifically says they cant share information on credit worthiness. Theyve been reporting 15 months ' worth of creditworthiness information unlawfully without my written or verbal consent and that's grounds for an {$15000.00} pay out according to 15 U.S. Code 1681 ( n ), which allows for { {$1000.00} } per violation, for account ending in ( 0333 ) without my expressed written consent. They're in DIRECT violation of 15 U.S. Code 6801 - Protection of nonpublic personal information Specifically this subsection 15 U.S. Code 6801 ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. - ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. Every discrepancy I mentioned herein is also a violation of the Privacy Act of 1974 FCRA Permissible Purpose The FCRA protects consumer privacy in multiple ways, including by limiting the circumstances under which consumer reporting agencies may disclose consumer information. For example, FCRA section 604, entitled Permissible purposes of consumer reports, identifies an exclusive list of permissible purposes for which consumer reporting agencies may provide consumer reports,8 including in accordance with the written instructions of the consumer to whom the report relates and for purposes relating to credit, employment, and insurance. The statute states that a consumer reporting agency may provide consumer reports under these circumstances and no other. In addition, FCRA section 607 ( a ) requires that [ e ] very consumer reporting agency shall maintain reasonable procedures designed to... limit the furnishing of consumer reports to the purposes listed under section 604. And FCRA section 620 imposes criminal liability on any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agencys files to an unauthorized person. In addition to imposing permissible purpose limitations on consumer reporting agencies, the FCRA limits the circumstances under which third parties may obtain and use consumer report information from consumer reporting agencies. FCRA section 604 ( f ) provides that a person shall not use or obtain a consumer report for any purpose unless the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under [ FCRA section 604 ] and the purpose is certified in accordance with FCRA section 607 by a prospective user of the report through a general or specific certification. FCRA section 619 imposes criminal liability on any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses. The FCRAs permissible purpose provisions are thus central to the statutes protection of consumer privacy. Consumers suffer harm when consumer reporting agencies provide consumer reports to persons who are not authorized to receive the information or when recipients of consumer reports obtain or use such reports for purposes other than permissible purposes. These harms include the invasion of consumers privacy, as well as reputational, emotional, physical, and economic harms. The Bureau and the Federal Trade Commission ( FTC ) have collectively brought numerous enforcement actions to address violations of the FCRAs permissible purpose provisions. For example, in a case that resulted in a 2006 settlement with a consumer reporting agency, the FTC alleged that the agency violated the FCRAs permissible purpose provisions by providing consumer reports to persons without a permissible purpose, resulting in at least 800 cases of identity theft. More recently, in 2020, a group of companies and individuals settled Bureau allegations that they obtained consumer reports without a permissible purpose when they obtained consumer reports for use in marketing debt relief services. Also in XXXX, a mortgage broker settled FTC allegations that it used consumer reports for other than a permissible purpose when, in response to negative reviews on a website, it publicly posted information it had obtained from a consumer report about the reviewer.

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