Consumer complaint received 2023-06-13
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
Per the FCRA as a federally protected consumer. I am now opting out of any all authorization. Any and all verbal, nonverbal, written and unwritten authorization I the consumer XXXX may have given to Bank of America Account to provide my personal information to XXXX, XXXX XXXX, XXXX, XXXX, XXXX XXXX, XXXX. 
Per 15 USC 6802-6805 and 16 CFR 313. EFFECTIVE IMMEDIATELY AND INDEFINITELY.

Please note that this is not a refusal to pay off the account but a notice sent as per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1681b Permissible purposes and 12 CFR 1022.41b Direct Dispute. This notice states that your claim is disputed and validation of the account is required to MAXIMUM ACCURACY. 

I never gave Bank of America the permission to which is a VIOLATION OF MY PRIVACY per The Privacy Act of 1974 ( 5 USC 522a ), including Statutory Notes ( 5 U.S.C. 552a ), Protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. and Opt Out Notices law 16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial n 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information. 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 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. 
The FTC clearly states that The Gramm-Leach-Bliley Act seeks to protect consumer financial privacy. Its provisions limit when a " financial institution '' may disclose a consumer 's " nonpublic personal information '' to nonaffiliated third parties. The Gramm-Leach-Bliley Act was violated during this process in when my personal financial information. I have the right to stop my non personal, personal data from being shared with any other non affiliate or affiliate. This debt is clearly violation of my privacy rights once again. My information was not safegaured it was sold with out my knowledge or agreement to. Second, if you receive " nonpublic personal information '' from a financial institution with which you are not affiliated, you may be limited in your use of that information. Consumers and customers who have the right to opt out may do so at any time. Once you receive an opt-out direction from your existing consumers or customers, you must comply with it as soon as is reasonably possible. - FTC CLEARLY STATES THIS!!!!! 

I AM OPTING OUT OF ANY AND ALL REPORTING TO MY CREDIT REPORT AND CREDIT FILE OF THIS ALLEGED DEBT. -16 CFR 313 This notice is not a request for verification of the account or proof of my mailing address but a request for validation made pursuant to the FDCPA laws. I humbly request that your agency / office sends me valid proof of claim that I am legally obligated to pay you, Bank of America Please provide me with ALL the below mentioned items : *The original contract with this company * Original Wet Signature on the contract *Audit trail calculation of payment history *All tax bond receipts ( 1099-C, 1099-OID, 1099-A ) *The original date the contract was opened * The amount you claim owed * An explanation showing me how you have computed the amount. 
* Copies of any documents that prove I agreed to pay the alleged amount * The identity of the original creditor * Confirmation that the account has not crossed the statute of limitation ( SOL ) period * Evidence that you are a licensed debt collector * Evidence of your license numbers and your registered agent. 

Since this debt was originally Charged off by the creditor, I was suppose to receive a XXXX99-C in the mail because charged off debt can not be reported due to the fact that the IRS Publication states it is Income. Since this account was forgiven/ cancelled NO FURTHER COLLECTION CAN BE DONE ON THIS ACCOUNT, Per the law 31 CFR 903.5 - Discharge of indebtedness ; reporting requirements.-When an agency discharges a debt in full or in part, further collection action is prohibited. It is Illegal to sell a debt after it was charged off by the I would like to inform you that in case your agency has reported invalidated account information to any of the three main credit bureaus such as XXXX, XXXX, XXXX, then it will be regarded as a fraudulent action under both federal and state statutes. Due to this reason, if any negative item is reported to any of my credit reports by your agency or the agency that you represent, then I will be compelled to take legal steps against you for the below mentioned reasons : * Violation of the Fair Credit Reporting Act ( F.C.R.A. ) * Violation of the F.D.C.P.A. 
* Defamation of character * Use of my copyrighted property I would like to further inform you that if any action is taken during the validation period which could be regarded as detrimental to any of my credit reports, then I will seek advice about initiating a potential lawsuit. This includes listing any information on a credit report that could be incorrect or invalidated, or confirming an account as correct when, in fact, there is no provided evidence that it is. 

If your agency can provide me with the requested documents, a Minimum THIRTY ( XXXX ) days to investigate this information, and during this period of time, all collection activities must be stopped. 

If Bank Of America fails to respond to this debt validation request within a period of XXXX ( XXXX ) days from the date of your receipt of my notice, then the account information must be completely deleted from my credit report and from your company databases, and a copy of such deletion request should be sent to me at once, or I will take legal action. Per the law 15 U.S. Code 1692g - Validation of debts. 
15 U.S. Code 1681c2 - Block of information resulting from identity theft- ( a ) Block- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency.

I would also like to request, in writing, that no calls should be made by your agency or company at my residence or workplace. If your agency attempts to make unlimited or computer generated calls to me or any third parties, then it will be considered harassment, and I will have no option but to file a lawsuit. All future communications with me should be done in writing and sent to the address mentioned in this letter. Per the law 15 U.S. Code 1692c - Communication in connection with debt collection 15 U.S. Code 1692d - Harassment or abuse It would be advisable that you assure that your records are in order before I am forced to take legal action. The law states that 15 U.S. Code 1681n - Civil liability for willful noncompliance ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; this is per Violation. Per the law 15 U.S. Code 1692k - Civil liability-any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; - FOR VIOLATING MY RIGHTS AND MY PRIVACY. This is an attempt to correct your records. Any information obtained shall be used for that purpose. 

I AM OPTING OUT OF ANY AND ALL REPORTING TO MY CREDIT REPORT AND CREDIT FILE OF THIS ALLEGED DEBT. -16 CFR 313 Respectfully, XXXX XXXX

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