Consumer complaint received 2022-10-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
These accounts are not mine. Some had used my information without my knowledge to initiate these accounts. I have applied for credit and got denied due to the fraudulent accounts. I have tried to work with bureaus to resolve this issue to no avail, limited correspondence, and not in timely manner.It has recently come to my attention that your company has placed X number of inquiries on my consumer credit report. I would like to exercise my right, under Section 809 of the 1972 FCRA, to request that you send me proof that I authorized your company to access my credit file on XXXX XX/XX/XXXX Bank of America XX/XX/XXXX XXXX XXXX XXXXXX/XX/XXXX XXXXXXXX XXXX  XX/XX/XXXX Bank of America XX/XX/XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXXXXXX XXXX XXXX XXXXXX/XX/XXXX XXXXXXXX XXXX XXXXXX/XX/XXXX Please provide me a hard copy of a credit application or document bearing my signature as proof that I specifically authorized your company to review my credit file. The inquiries placed on my report by Company/Lenders Name are preventing me from obtaining new credit. If you can not provide the requested proof, I request that you immediately remove this item from my credit report.

1. The amount of debt ; 2. The name of the creditor to whom the debt it owed ; 3. A statement that, unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; 4. A statement that, if the consumer notifies the debt collector in writing within 30 days that the debt, or any portion thereof, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgement will be mailed to the consumer by the debt collector ; and 5. A statement that, upon the consumers written request within the 30-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

( B ) Disputed debt If the consumer notifies the debt collector in writing, within the 30-day period described in subsection ( A ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter mat continue during the 30-day period referred to in subsection ( A ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.

( C ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be constructed by any court as an admission of liability by the consumer.

( D ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( A ).

( E ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by Title 26, Title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

15 USC 1692h

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