Consumer complaint received 2024-01-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
RE : Account Number : XXXX I hereby assert that the previous dispute between myself and Bank of America was not subjected to a thorough and accurate investigation and took much longer than 30 days to complete. Consequently, I am initiating the reopening of said dispute, accompanied by the submission of additional information. It is pertinent to note that both my son, XXXX XXXX, and I held an auto loan account with Bank of America, in which we both served as guarantors. 

During the months of XXXX and XX/XX/2022, while residing at our investment property in XXXX XXXX, Florida, we were confronted with the impact of XXXX XXXX and XXXX XXXX. Prompted by the red evacuation zone designation, we were compelled to evacuate to higher ground, given the imminent danger posed by these severe hurricanes. Upon returning to our residence, we discovered that it had sustained substantial damage. Moreover, we endured weeks without power, internet, and cellular network coverage, as the cell towers in the area had been adversely affected by the hurricane. 

Due to the lack of cellular service, internet connectivity, and power, we were regrettably unable to effectuate a transfer of funds to the checking account designated by Bank of America as the primary payment account. It is worth noting that an alternative checking account was available to Bank of America for payment purposes, which, unfortunately, they neglected to utilize. Adding to the complexity of the matter, all three major credit bureaus have reported varying instances of late payments during XXXX distinct months, further highlighting the inaccuracies in their reporting. 

I have diligently made multiple attempts to engage Bank of America regarding this matter, both through written correspondence and telephone conversations. In these correspondences, I have provided the necessary loan statements and attached all pertinent information. Regrettably, their response thus far has been limited to requesting " more information, '' which I have already provided. Moreover, I have engaged in discussions with numerous Bank of America representatives, all of whom have acknowledged the extenuating circumstances surrounding the hurricane, which qualifies as a natural disaster, and the subsequent state of emergency declared by XXXX XXXX XXXX, as evidenced by the attached documentation. These representatives have concurred that the erroneous and incorrect late payment should be rectified, or alternatively, the account should be expunged entirely from both mine and my son 's credit reports. 

I am solely requesting that the late payment for XX/XX/2022 ( XXXX ), XX/XX/2022 ( XXXX ), and XX/XX/2022 ( XXXX ) be appropriately marked as " Paid/Never Late '' on all three Credit Bureaus, for both myself and my son. Alternatively, I request that the inaccurate account be expunged completely, given that the loan has been satisfactorily settled, and we have maintained a consistent track record of timely payments. Failure on the part of Bank of America to rectify this erroneous information will leave me no choice but to pursue legal action, citing unethical practices, inaccurate credit reporting, and seeking punitive damages as a result of the negative impact caused by the inaccurate reporting on my personal credit report. Along with this CFPB complaint I will also be filing a complaint with the FTC against Bank of America. It is essential to underscore that this inaccurate reporting has impeded the growth of my business and has hindered my ability to secure additional business funding, as evidenced by documentation from lenders who have explicitly cited the inaccurate late payment from XX/XX/2022 to XX/XX/2022 on the Bank of America auto loan as the reason for denying my credit applications. 

I have also attached along with this letter images of damage from our residence in XXXX XXXX XXXX  XXXX Hurricane Ian, as well as further proof from news publications, President Joe Biden, and Governor Ron DeSantis State of Emergency letter.

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