Consumer complaint received 2022-12-23
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
In accordance with the Fair Credit Reporting act. XXXX XXXX - {$1800.00} Bank of America XXXX {$160.00} XXXX XXXX XXXX XXXX they should not be able to get any information or give any information to a non affiliate 3rd party company. 15 usc 1681j ( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.

( 2 ) Timing A consumer reporting agency shall provide a consumer report under paragraph ( 1 ) not later than 15 days after the date on which the re- quest is received under paragraph ( 1 ). 
f ) Prohibition on sale or transfer of debt caused by identity theft 15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft. 
The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 168b permissible purposes of consumer reports. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. In accordance with the Fair Credit Reporting act has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. I have no knowledge of these companies and they shouldnt be reporting as I never gave permission for the reporting per Section 1681a -I sent correspondence to the Credit Bureaus regarding this. I was never notified in writing per 15 U.S.C 1692ag prior to accounts being on my credit report, within 5 days. Moreover, these accounts violate debt collections, and abusive and unfair practices per section 1692f ( 1 ) adding additional amounts. 15 U.S. Code 1681b - Permissible purposes of consumer reports a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau. The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. ( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; 5 U.S. Code 552a - Records maintained on individuals ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or n ) Mailing Lists. An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. 16 CFR 313.3 ( 1 ) Nonaffiliated third party means any person except : ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ). ( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type 16 cfr 313.3 states ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15. 1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 15 U.S. Code 1601- Congressional findings and declaration of purpose 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. debit card ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. Source 15 USC 1681a ( r ) ( 3 ) electronic fund transfer means- ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. Source 15 USC 1681a ( r ) ( 4 ) account means-fund transfer have the same meanings as in section 1693a of this title. Source 15 USC 1681a ( r ) ( 4 ) ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. card issuer means ( 1 ) Card issuer. The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. Source 15 USC 1681a ( r ) ( 1 ) reseller means The term reseller means a consumer reporting agency that Source 15 USC 1681a ( u ) consumer reporting agency means ( A ) The term consumer reporting agency means a consumer reporting agency described in section 1681a ( p ) of this title. Source 15 USC 1681c-1 Open-end credit ( 20 ) Open-end credit means consumer credit extended by a creditor under a plan in which : Source 12 CFR 1026.2 12 CFR 1026.13 - Billing error resolution. 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. ( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. the Irs states that a charge off is considered a certificate of indebtedness. these accounts on XXXX violated The privacy act of 1974 and which are here to protect me. XXXX XXXXXXXX - {$1800.00} Bank of America XXXX {$160.00} XXXX XXXX XXXX XXXX they should not be able to get any information or give any information to a non affiliate 3rd party company.

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