Consumer complaint received 2020-11-25
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ
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:
Good afternoon I'm reaching out because you have sent me a notification via email confirming that Bank of America account was deleted from my credit report ; however upon opening my credit score I can clearly see that it's still visible and available on my credit report. Again you have no evidence at all or any proof that this account belongs to me however I have a document attached with over 20 pages With evidence confirm that this is not my account again go over my documentation step-by-step and don't you dare to tell me again that I have not provided you enough information and that you somehow are able to verify this account and yet don't provide me with physical proof as you are obligated by federal law AND DON'T TELL ME AGAIN I DID NOT PROVIDE INFO AND PROVE MY IDENTITY!!! 

THAT'S NOT TRUE AND I HAVE EVERYTHING DOCUMENTED!! I need you to open your eyes and read and look at every document I am attaching! 

I have filed over 14 COMPLAINS TO THE CFPB ABOUT YOUR LACK OF RESPONSIBILITY REGARDING THIS MATTER. I STARTED REPORTING YOU TO THE CFPB IN XX/XX/XXXX UNTIL THIS DAY YOU KEEP GIVING ME THE RESPONSE THAT I'M NOT PROVIDING ENOUGH EVIDENCE TO PROVE MY IDENTITY? OR YOU ASKED ME TO FILE THROUGH YOUR ONLINE SYSTEM BUT YOU HAVE Never removed the information I've been asking you for! 

According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify - through the physical verification of the original signed consumer contract - any and all accounts you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account. I demanded to see Verifiable Proof ( an original Consumer Contract with my Signature on it ) you have on file of the accounts listed below. Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the accounts listed below. Also, the creditor of this account, which is Bank of America confirmed that they do not have any physical proof, a signed document with my signature on the account. Not only that, they also confirmed that my SSN was added to the account only in XX/XX/XXXX, which is IMPOSSIBLE as I have been disputing the account for over 1 year and bank of America did not have even my SSN in records at the time of the application, which again, could have been ANYONE who applied in my name online. Upon my request and correspondence with the consumer financial protection bureau, Bank of America reached out to me and sent me a letter that included statements from the disputed fraud account as well as the application form that was filled out electronically in my old legal name. Here are a few reasons why this can not be proof of me being responsible for the account : XXXX by Bank of America. 

Number 1 The application that filled out an order to receive this credit card that is not reported on my credit score was filled out by an individual using a tax ID number as you can see in the documents attached. However I have a Social Security number in the work authorization but I do not have a tax ID number and this number was marked black and I can not identify the actual numbers on the letter. So how is this possibly evidence of me applying for this credit card? 

Number 2 This is a copy of an electronic application however the law requires every bank and card issuing institution to keep the original original copy of the application, upon request they are required to provide me this copy otherwise they are forced by law to remove this Account immediately from my credit score. 

Number 3 The date of the application is XX/XX/XXXX however XXXX has been reporting this credit card since XX/XX/XXXX. So how is this possible that I allegedly applied for the credit card only XXXX but XXXX  has been reporting this account on my credit score since XX/XX/XXXX? 

Number4 I received additional letters from Bank of America in XX/XX/XXXX confirming that the account was received electronically and included some of my personal information and that the Bank of America is unable to provide me with a signed copy of the application. 

Number 5 XXXX has successfully deleted upon my request instantly the Bank of America account as they were not able to get any proof of Account belonging to me, please see copies attached. 

Number 6 XXXX XXXX XXXX XXXX is a collection agency that contacted me on XX/XX/XXXX requesting from me to pay off the debt to Bank of America as a response to my dispute of this account belonging to me, XXXX XXXX responded to me in a formal letter on XX/XX/XXXX and this litter confirms that the records indicate that on XX/XX/XXXX the account was returned to the above credit is due to the possibility of fraud based on my correspondence to their office. They close the file accordingly. Please find attached copies of those letters. 

Number 7 On XX/XX/XXXX I filed an identity theft report to the federal trade commission confirming that this fraudulent account those charges were made by Bank of America. 

Number 8 According to the fair credit reporting act section 609 experience is required by federal law to verify through the physical verification of the original signed consumer contract any and all accounts they post on the credit report. Otherwise anyone paying for your reporting services contacts mail or email in a fraudulent account. 

Number 9 Despite my numerous demands to see verifiable proof an original consumer contract with my signature on it that they have on file of the Bank of America account, XXXX failed to positively verify these accounts which have hurt my ability to obtain credit. Under the FCRA unverified accounts must be removed if unable to provide me with a copy of verifiable proof.

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