Consumer complaint received 2020-02-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
The following Complaint has been filed in correlation to a Consumer Protection Act in which its general provisions have been violated with respect to Commerce and Trade Practices for which this Agency maintains the regulation and enforcement of a substantial rule or policy for which one or more offenses has occurred hereunder.

Please take notice that this Complaint will be retained in receipt confirmation thereof and any correspondence to or from this Agency as it relates to this matter or any investigation may be used or adopted within a governing agency or within a court of competent jurisdiction in seeking a permanent injunction and equitable remedy to grant consumer relief for all liability and damages suffered. 

This action and subsequent claims arises in pertinent part out of specific breach of duty and offenses which have violated legislative ordinances and consumer protection policies of : Fair Credit Billing Act ( FCBA ), Fair Debt Collection Practices Act ( FDCPA ), Electronic Fund Transfer Act ( EFTA ), Fair Credit Reporting Act ( FCRA ), Truth in Lending Act ( TILA ), Florida Consumer Collection Practices Act ( CCPA ), Fair and Accurate Credit Transactions Act ( FACTA ), Federal Office of the Comptroller of Currency ( OCC ). 

Consumer and Petitioner of this Complaint ; a long-term outstanding Client and Cardholder of Bank of America N.A., maintained ( 2 ) open line-of-credit accounts ( Credit Cards ) and other accounts within the institution. The relationship between Bank and within all accounts was maintained under full satisfactory order and all accounts current and paid-in-full as agreed. Beginning on or about XX/XX/XXXX until XX/XX/XXXX, Cardholders account was in part assessed multiple inaccurate charges that consisted of : fraudulent charges, contractual billing errors, deceptive or unethical business practices, improper reversal of fees and charges, failure to post credits and refunds on the account thereof. Upon recognition of such errors and discrepancies and pursuant to the rules and procedures of the Fair Credit Billing Act ( FCBA ), Cardholder immediately took affirmative action to dispute all improper  charges and fees. However, Bank of America allowed for numerous violations within the law to occur and failed to follow the procedures for handling Credit Card Disputes. The account was then made subject to penalties in the form of late fees and interest related charges, which were assessed on the account thereof with each forthcoming billing cycle. Contributing to further violations that was prohibited under a substantial policy or act was the pursuit of an invalid debt and all collection attempts there-under. Bank of America was unwilling to resolve these disputes and as a result began terminating the open line-of-credit accounts held by Cardholder and by XX/XX/XXXX all credit accounts were permanently closed and terminated. 

On or about XX/XX/XXXX Cardholder reached a settlement agreement between a Merchant that was not previously in dispute at any time within the institution. This agreement would provide compensation and restitution by means of a refund to Cardholders closed account thus releasing parties of further obligations. Without the consent or knowledge of Cardholder and despite closure on the account and inability to access account ; Bank of America processed such refund and the transfer of all such amounts in their benefit to offset the total accrued charges that remained in dispute and their related fees in an effort to satisfy the ongoing disputes and their respective disputed amounts. Moreover, the negative and improper reporting of a debt continues to remain in effect within the records of the Credit Reporting Bureaus which has caused severe damage by the impairment of Consumers Credit History. This reporting action to ( CRA ) resulted in the denial of all applications seeking new line-of-credit. Bank of America has failed to resolve all matters of dispute under proper venue and regulation under the aforementioned Consumer Protection Acts and refuses to rectify all other outstanding significant matters. 

The actions of Bank of America have and continue to adversely affect consumer and caused financial injury, damages and loss. A civil action is set to be filed within a court of competent jurisdiction seeking relief and judgment against Bank of America for committing numerous violations within consumer protection policies and statutory law. Your cooperation in thoroughly investigating such claims of relevant material that pertain in part or in whole to this agency are of utmost importance as this action and future proceedings may necessitate this agencies future involvement and participation in this matter.

Supporting documentation showing cause-of-action and such direct violation within the applicable law will be provided to this Agency upon requested to Petitioner. If you have any further questions or concerns please refer to the contact information that has been provided within this claim process.

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