Consumer complaint received 2023-07-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD
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:
I see a few violations involving XXXX, XXXX and XXXX along with Bank of America, XXXX XXXX and XXXX accounts. 

According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX XXXX XXXX XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

" ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent.

12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying Information of another person without authority.

Anything added to my report without my written consent could be considered Identity theft.

Bank of America, XXXX XXXX and XXXX changed off these accounts.. According to the IRS website. A charge off is considered a Certificate of Indebtedness which means it is considered Income. Income is not debt so these accounts need to be removed. When a company charge off debt they are supposed to send the customer a 1099 form so it can be filed with my taxes and must be removed. 

Ive sent Bank of America, XXXX XXXX and XXXX an opt out letter a month or so ago. I attach the letter to this complaint. 

Also I uploaded a screenshot of my credit report showing the inaccuracy of the reporting. XXXX, XXXX and XXXX have different account number, open dates and last payment.

15 U.S. Code 1681e Compliance procedures ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall Follow reasonable procedures to assure maximum possible accuracy of the Information concerning the individual about whom the report relates.

By violating section 1681b for permissible purpose and 1681c for information Contained in consumer reports you are also violating compliance procedures Under this title 15 U.S. Code 6802 Obligations with respect to disclosures of personal Information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution May not, directly or through any affiliate, disclose to a nonaffiliated third Party any nonpublic personal information, unless such financial institution Provides or has provided to the consumer a notice that complies with Section 6803 of this title 15 U.S. Code 1681c Requirements relating to information contained in consumer Reports Except as authorized under subsection ( b ), no consumer reporting agency may Make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of Convictions of crimes which antedates the report by more than seven Years.

No adverse item besides the conviction of crimes should be on your report Any item that is a derogatory mark is not allowed into consumer reports. This is another violation

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