Consumer complaint received 2021-11-01
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CO
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
This is an escalation to the NUMEROUS billing errors and notices of dispute I have sent to BANK OF AMERICA since XXXX of this year, which your organization failed to respond to. In addition, your organization has facilitated third-party intermeddlers : XXXX XXXX XXXX to administer my trust without right and without a chose in action or finance. Since XX/XX/XXXX, I have commercially defaulted their firm and proven that no quorum approval of the board of BANK OF AMERICA could possibly have given them the authority to bring an action against I, the consumer ( See Attached Exhibit ). I am writing on my own behalf, with no help from anybody or anything. Because all must have equal access to the law, the code and regulations referred to are open to the general public at large. Justice is not for sale, obstruction, or procrastination, according to the appropriate governing preambles, constitutions, and bills of rights. I am well aware that my consumer rights have been and continue to be violated. 

From the start of the supposed business agreement, purported to be a contract, BANK OF AMERICAhas engaged in fraudulent and abusive debt collection activities, infringing on my right to privacy and undermining my faith in the banking industry and economy as a whole, rights guaranteed to every consumer. 

Every credit sale after XX/XX/XXXX is subject to consumers ' claims and defenses for unfair or deceptive acts or practices pursuant to 16 CFR 433.3. The credit sale I engaged in with BANK OF AMERICAis no exception.

Per the definitions in 16 CFR 433.1, BANK OF AMERICAis subject to consumers ' claims and defenses by way of being a seller. I, the consumer, was never apprised of the creditor 's business arrangement with the seller at the consummation of the original credit sale. Meaningful disclosure of the determination of the finance charge was not provided pursuant to the form of disclosure enumerated in 15 U.S. Code 1632. 

Documentary evidence shall reveal that my obligation was fulfilled upon signing/endorsing the instrument, the beneficial and security interest of which were not disclosed to me. As defined in 16 CFR 433.1 ( i ), the instrument I endorsed is the consumer credit contract when it was hypothecated and collateralized to fund the credit sale. Many instances of noncompliance occurred when it was subsequently sold and/or assigned to multiple transferees and/or assignees without mutual assent, consent, and notice to me as I have controlling security interest, constituting fraud in multiple ways : 1. Absence of consideration ( I received a " thought '' for my security- no benefit. All contracts must have consideration to be valid ).

2. Absence of disclosure of all facts regarding the use of a promissory note and my signature, violating the U.S. Code 's Truth in Lending Act ( TILA ) and Code of Federal Regulations ' Regulation Z.

3. Absence of disclosure of data-sharing provisions in violation of the Gramm-Leach-Bliley Act ( GLBA ), without the option to decline the sharing of data with furnishers, agencies, or servicers, along with reporting.

4. Monetization of the originating instrument was not disclosed to me. I was not told about the process to monetize a security interest or the secured transactions which were to subsequently take place concerning my chattel paper.

5. Denial of disclosure of the banks relationship to the " trustee and beneficiary, '' amounting to concealment and voidance of the contract. The debenture trustee was concealed from me.

6. I have reason to believe and do so believe that there was forged alteration of the original instrument because it could not have been monetized without augmenting my blank endorsement, even via the use of a special endorsement.

I am aware that I am entitled to a refund of alleged repayments and damages of at least twice the finance charge for the violation of 15 U.S. Code 1635 due to my right of rescission never being boldly, simply, and clearly disclosed to me. I was never given a rescission form at the closing of the contract.

I have reason to believe and do so believe that BANK OF AMERICAis a creditor engaged in communication in violation of multiple cease and desist notices from me, and is in violation of debt collection consumer protection laws pursuant to 15 U.S. Code 1692c ( a ) ( 1 ) and 15 U.S. Code 1692c ( a ) ( 3 ).

As the consumer, I am aware of the definition in 15 U.S. Code 1692a ( 6 ) that " 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. '' I have never given express consent to BANK OF AMERICAto communicate with me for the purpose of debt collection, thereby violating 15 U.S. Code 1692c at large. BANK OF AMERICA has violated 15 U.S. Code 1692c ( b ) by sharing my personal private information, including location information with a law firm called XXXX XXXX XXXX. I do not give BANK OF AMERICA, XXXX XXXX XXXX, or any party permission to bring legal action against I, the consumer, as this is a violation of 15 USC 1692i ( b ).

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