Consumer complaint received 2023-11-20
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I have received a copy on my consumer reports and I notice you have furnished transactions on my consumer report that is excluded by law as per the FCRA 15 USC 1681a 2Ai.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; A consumers transactions are excluded from the consumer reports. XXXX and or any other Risk score or algorithm that you use to calculate a consumers credit score is not a factor where the consumer report is concerned! Definition of what the consumer report means. 
consumer report ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. 
XXXX or non of its factors are not defined or included in the definition of the consumer report! Therefore the reporting of transactions between the consumer ( ME ) and the Person ( Bank of America ) is a violation of 15 USC 1681a the definition of the consumer report does not include XXXX or XXXX which makes their factors or algorithm not a factor where the consumer report is concerned. 

You have furnished transaction information on the following accounts. 
XXXX XXXX XXXX ( Bank of America ) has charged fraudulent late fees and in addition inserted late payments on my consumer report, all payments were made on time, all payments were exact and all payments were made on their respective due date. 

CFPB Takes Action Against Bank of America for Illegally Charging Junk Fees, Withholding Credit Card Rewards, and Opening Fake Accounts Bank of America will pay more than {$100.00} XXXX to harmed consumers, and {$150.00} XXXX in penalties to CFPB and Office of the Comptroller of the Currency XX/XX/2023 Bank of America harmed hundreds of thousands of consumers over a period of several years and across multiple product lines and services. Specifically, Bank of America : Deployed a double-dipping scheme to harvest junk fees : Bank of America had a policy of charging customers {$35.00} after the bank declined a transaction because the customer did not have enough funds in their account. The CFPBs investigation found that Bank of America double-dipped by allowing fees to be repeatedly charged for the same transaction. Over a period of multiple years, Bank of America generated substantial additional revenue by illegally charging multiple {$35.00} fees. 
My account with bank of American was never late! This was clearly a billing error, and a double dipping scheme. This act is shameful it has caused severe hard to my reputation, my character, my mode of living and to my family! I need the following late payments Deleted : XXXX XXXX XXXX 15 USC 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. 

Delete the following late payments from my consumer reports ; XXXX XXXX XXXX Your truly 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 monetary relief