Consumer complaint received 2021-04-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I, XXXX XXXX, entered into a consumer credit transaction with Bank of America, N.A. on XX/XX/2021. A consumer credit transaction in which a finance charge was involved. 15 USC 1605 defines a finance charge as the sum of all charges in a consumer credit transaction. The finance charge does not include comparable cash ; however, Bank of America, N.A. took a down payment of {$5000.00}. In addition, the finance charge is supposed to include my insurance because it is required to have insurance before leaving the lot with the vehicle and I was told to purchase separately in which I did with XXXX. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692f. ( 8 ) which states debt collector can not use any language or symbol on an envelope other than the debt collector 's address. Bank of America, N.A. violated my privacy by placing their logo and language on the envelope that implied to anyone that saw the envelope that I owed an " alleged debt ''. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692j. ( a ) which states that it is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Bank of America, N.A. violated my consumer rights by creating false statements that created false belief that I, the original creditor and consumer, owe an " alleged debt '' to Bank of America, N.A. I am not participating in collecting a debt from myself. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692e. ( 2 ) ( A ) which states A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of- ( A ) the character, amount, or legal status of any debt ; Bank of America , N.A. violated my consumer rights by displaying the false representations of " alleged debts '' to deceive me, the consumer, that I have an unpaid balance. If debt existed wouldn't it be stated in the negative and not a positive amount due to the fact I can't make payments on a positive account. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692d. ( 2 ) which states A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. 
Bank of America, N.A. violated my federally protected rights by continuing to use the words " debt '', " debtor '' and " owe '' in these false statements which are highly offensive and disrespectful in my household and is frowned upon based on my upbringing. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692e. ( 11 ) which states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial consumer with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 
Bank of America, N.A. violated my consumer rights because not once in my initial written communication, the contract, with them did they ever state that this was an attempt to collect a debt. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692e. ( 4 ) which states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 
Bank of America, N.A. violated my consumer rights because it was stated that nonpayment of this " alleged debt '' would result in repossession ( seizure ) of property that I own.

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692e. ( 5 ) which states : A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 5 ) The threat to take action that can not legally be taken or that is not intended to be taken. 
Bank of America, N.A. violated my consumer rights because I was threatened to have my property taken if I did not pay an " alleged debt ''. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692c. ( a ) ( 1 ) which states : Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 oclock antemeridian and before 9 oclock postmeridian, local time at the consumers location Bank of America, N.A. violated my consumer right by making my phone ring multiple times at inconvenient times without my consent to do so. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692c. ( a ) ( 3 ) which states : Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt- ( 3 ) at the consumers place of employment if the debt collector knows or has reason to know or has reason to know that the consumers employer prohibits the consumer from receiving such communication. 
Bank of America, N.A. violated my consumer rights by making my phone ring at my place of employment.

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1692d. ( 1 ) which states : A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. 
Bank of America, N.A. violated my consumer rights by tainting my reputation, my consumer credit report, because they added negative information that reflects a false balance. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1681a. ( d ) ( 2 ) ( A ) ( i ) which states : ( d ) Consumer Report. 
( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Bank of America, N.A. violated my consumer rights because that reported a consumer transaction to XXXX and XXXX  between the consumer, myself, and the person, Bank of America, N.A., which should have been excluded from my consumer report. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1681a. ( d ) ( 2 ) ( B ) which states : ( d ) Consumer Report. 
( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; Bank of America, N.A. violated my consumer report by reporting to XXXX and XXXX about a consumer transaction that involved the use of my credit card which should have been excluded from my consumer report. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1615. ( a ) ( 1 ) which states : ( a ) Prompt refund of unearned interest required ( 1 ) In general If a consumer prepays in full the financed amount under any consumer credit transaction, the creditor shall promptly refund any unearned portion of the interest charge to the consumer. 
Bank of America, N.A. violated my consumer rights by giving false terms as it relates to the law, 15 USC 1615. ( a ) ( 1 ). The terms say that I am responsible for all unearned and unpaid part of the Finance Charge and other amounts if I prepay. The law states I should receive a refund for any unearned portion of the interest charge to me. 

Bank of America, N.A. violated my federally protected rights governed under 15 USC 1611. ( 1 ) which states : Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, Shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 
Bank of America, N.A. is now criminally and civilly liable for violating my consumer rights by willfully and knowingly failing to accurately provide/disclose to me information about a finance charge, 15 USC 1605, required under the provisions of 15 USC 1601. ( a ) which states ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices.

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