Consumer complaint received 2022-10-08
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
According to the FCRA 15 U.S. Code 1681s-2 Bank of America is violating my federally protected rights.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information Bank of America is reporting inaccurate information. 
( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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. 
According to XXXX, Bank of America knows of these inaccuracies, but Bank of America updates the information on a month to month basis after each dispute ( according to XXXX ). 

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. 

( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. 
The change of payment history gives reasonable cause to believe that the information being reported is inaccurate and unverifiable. 

On XX/XX/2022 I got a copy of my credit report, in which I noticed inaccurate information pertaining this account. With this dispute I will be attaching credit report pages from an XXXX credit report specifically pertaining to this account, to serve as evidence for my argument. 

Every month when I get an updated credit report after dispute results coming back. This account some how comes back as verified or updated. But if you notice on the attached documents for this account ( Labeled XXXX for the account ) you will notice there being a difference in PAYMENT HISTORY. 

Why after each of my disputes ( XXXX so far ) does something change or get updated in the credit report pertaining to this account, and why does it not get deleted? 
If XXXX is doing an ACTUAL investigation ( whom according to the FCRA are required to complete a full investigation with procedures to follow, and at the same time provide only 100 % accurate information ), why is this information changing after each dispute? 

a ) My logical answer to this is that XXXX is not following the procedure under law, and to provide 100 % accurate information on my credit report. Which clearly XXXX XXXX, WHICH IS NEGATIVELY AFFECTING MY LIFE! 

If XXXX is getting this info from the data furnisher ( whom according to the FCRA are required to provide only 100 % accurate information ), why is this information changing after each dispute? 
b ) THE DATA FURNISHER IS CLEARLY NOT REPORTING 100 % ACCURATE INFORMATION IF THE DATA CHANGES AFTER EACH DISPUTE, SO I QUESTION THE VALIDITY OF THE FURNISHER OF THIS INFORMATION REMOVE THESE ACCOUNTS IMMIDIATELY Because Bank of America is violating my federally protected consumer rights by reporting this INNACURATE information on my credit report! 

To further support my argument, I will also be attaching pages from XXXX credit report ( labeled XXXX from XX/XX/2022 and XXXX from XX/XX/2022 ) which shows how these XXXX accounts were being reported on both the other credit bureaus, and then were deleted from the other XXXX credit reporting agencies credit report ( XXXX and XXXX ) for unverifiable information. 

REMOVE THE ABOVE LISTED ACCOUNTS IMMIDIATELY FROM MY CREDIT REPORT This erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above requested deletion or requested/required documentation of your investigation, I will pursue the enforcements of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process, and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial. 

Attached are all documents supporting this dispute.

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