Consumer complaint received 2017-06-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Dear  Sir/Madam, Re : Accoun t  Number :   XXXX  This is to inform you that I 've recently pulled my credit report and noticed that there 's a collection listing from your agency on my credit report. I have never been notified of this collection action or that I owed the debt. This letter is to inform you that I would like a verification of the debt and your ability to collect this money from me.   Under the FDCPA, I have the right to request a validation of this debt. I request t  hat you prove that I am indeed the party who is contractually obligated to pay off this debt.
I hope you are aware that reporting any invalidated information to major credit bureaus may constitute defamation of character. In addition, you must also be aware that until you validate this debt, you can not continue collection activities or report this information to the credit bureaus. Non-compliance with this request may land your company in serious legal trouble with the Federal Trade Commission ( FTC ) and other state/federal agencies.
Please attach copies of the following documents : 1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.
3. Complete payment history on this account, to prove that the amount you wish to collect is accurate.
Sincerely, A Fraud item   result in identity theft  Bank of America   ( a ccounts #  XXXX  ) successfully disputed as Verification shown on my credit report file sent on    XXXX   XXXX   XXXX   in writi ng form. The credit report of (   X/XX/2017  ) and  the report file number  XXXX  shows these items were deleted from my credit file. Now these items have been reinserted on my credit report.  <P/> The last credit update on    XXXX   XXXX   XXXX   which is 14 days passed from   XXXX   Verification Letter on   XXXX   XXXX   XXXX   was received, I discovered the item Bank Of America #  XXXX  had been  REAPPEARING into my credit file when i check my credit report online. By LAW you are required to notify me with  in Five ( 5 ) days limits of Re-inserting a previously Deleted item under ( FCRA ) Fair Credit Reporting Act in Written Form. I did Not receive any such notification. You have VIOLATED the Fair Credit Reporting Act FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] Clause ( ii ), ( Considered 9 days late from the time expired without a written form ).
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In accordance with the requirements of the FCRA as stated below, I am hereby requesting your complete compliance with any and all of the provisions : *FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] *Requirements relating to reinsertion of previously deleted material.
*Certification of accuracy of information. If any information is deleted from a consumer 's file pursuant to subparagraph ( A ), the information may not reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies the information is complete and accurate.
*If any information that has been deleted from a consumer 's file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. Additional information. As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing no later than 5 business days after the reinsertion date. In responsibilities Credit Bureau is liable if fail to observe the time limits.
( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumer 's file disputing the accuracy or completeness of the disputed information.
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I received no such notification. This is a serious violation of the FCRA, and I reserve the right to pursue further action. Your agency may avoid such action by immediately deleting this listing from my credit report.
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If an Item Reappears : All violations of the FCRA are treated seriously and can result in a {$1000.00} fine, payable to you, should you successfully sue the offender and win in court. Sometimes merely notifying a creditor or credit bureau of a violation is enough to get the item removed.
Should an offender refuse to cooperate with you after notification of FCRA violations, and you are not willing or able to go to court, you could report the violation to the Federal Trade Commission ( FTC ) or the Consumer Financial Protection Bureau ( CFPB ) and let them pursue the matter. Make sure the offender is aware you are reporting them to one or both of these two agencies. When governmental agencies confront such problems, however, the consumer isnt eligible for the {$1000.00} statutory reward that might otherwise be payable should the matter be resolved in the consumers favor in court.

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