Consumer complaint received 2023-08-17
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CT
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 have learned that there are strict regulations to protect Consumers such as myself and our personal information, and that every company dealing with a Consumer has agreed that they would follow these regulations. In a gross violation of Numerous of my rights, they have chosen not to and have repeatedly violated the Fair Credit Reporting Act, Title VI of the Consumer Credit Protection Act, and The Privacy Act of 1974! 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 my report, any item that is a derogatory mark is not allowed into consumer reports this is another violation.- 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( 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, they are also violating compliance procedures under this title.- Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. -Again they need prior written instruction of the individual to whom it relates.- Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information -Once again, they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974! - PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. -Every company owes me a privacy notice before they furnish any information to my consumer report, another violation! - 12 CFR 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( i ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. 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. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. -Once again they must give me an opt out notice for anything that is to be added to my consumer report.- 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report; -Reporting my transaction history is illegal! Repeated Violations every month reported! - 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authorization - F.T.C. Violation, I have filed a report! - *Any collections means it has been Charged Off and is now a Certificate Of Indebtedness and is considered Income and income can not be reported to my credit report according to I.R.S. Publication Laws, they must be removed. *All Inquiries violate 15 U.S.C. Permissible Purposes, Promotional Inquiries, 3rd parties were allowed to " peek '' at my credit and violate my privacy, clear violation of numerous rights laws and acts. Each one is its own violation with a separate penalty and must be removed! These severe violations have been the actions of All the Corps Put on this Notice of Complaint ( who Ive learned I was a victim of their data breach as well, which is irrefutable proof of claim of identity theft along with XXXX and its own data breach ) XXXX XXXX XXXX  who received my personal account information from BANK OF AMERICA ( Account Ending ( XXXX ) ), XXXX XXXX XXXX ( Account Ending ( XXXX ) ) and XXXX XXXX XXXX ( Account Ending ( XXXX ) ) and numerous other companies on and off my report! 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. Furthermore, the fair credit reporting act 15 USC 1681 ( 2 ) ( a ) ( i ) exclusion from a consumer credit report clearly states ( A ) EXCLUSIONS- Except as provided in a paragraph ( 3 ), the term consumer report does not include - ( A ) Subject to section 1681s-3 of this title, any - ( I ) Report containing information solely as to TRANSACTIONS or experiences between the consumer and the person making the report. With every violation being allowed U.S. {$1000.00} without my expressed written consent, according to 15 USC S1681 ( n ). That would intrinsically mean that for EVERY INDIVIDUAL TRANSACTION you reported worth U.S. {$1000.00} so you can do the math and give me my just compensation for your negligence of the law. Remove the information from my consumer report, this agency is in violation of 15 USC section 1681. Failure to respond satisfactory with reversing of the above referenced account, and send out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking { {$1000.00} } per violation for : 1. Defamation of character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC S 1692g violations 4. Fair Credit Reporting Act 15 USC s1681 violation for willful noncompliance 616 Civil liability for willful noncompliance [ 15 USC S1681n ] Best Regards,

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