Consumer complaint received 2023-11-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
This Complaint is Being Filed Against XXXX credit reporting agency and Bank Of America Financial Institution. According to the Fair Credit Reporting Act 15 USC 1681 section 602 it says " That it is of utmost importance that consumer reporting agencies carry out their responsibilities with honesty, clarity and respect for the consumers right to privacy. '' XXXX is a consumer reporting agency and I am the Consumer. I have the right to keep my personal information safe which is supported by 15 USC 6801 which says '' 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. The companies listed below are financial institutions by definition under that title. Bank Of America. 15 USC 1681 section 604 a section 2 says 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. The company listed below and the Consumer reporting agency XXXX do not have my consent to furnish this information and neither do they have my written consent. Any and all consent to XXXX the companies listed below whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) says that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The companies listed below ( Bank Of America, XXXX ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that " A consumer may exercise the right to opt-out at any time. I am now exercising my right to out of your reporting services.

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