Consumer complaint received 2021-10-26
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I am XXXX XXXX. I was a victim of identity theft beginning in XXXX all the way up until XXXX. I did not know I was a victim of identity theft until XXXX, and I went on a tumultuous and stressful journey trying to resolve this on my own with no prior education on how to handle identity theft. My own mother, XXXX XXXX XXXX , used my identity to open credit cards, bank accounts, internet and TV services, rental trucks, and insurance policies without my consent. She attempted to do much more. She tried to get a car loan, personal loan and a Small Business Administration loan in my name, but she was thankfully unsuccessful. I found out about the identity theft in XXXX. 

The first time I contacted Bank of America about my identity theft, it was in XX/XX/XXXX, and I was connected to a woman named XXXX XXXX. I told XXXX my whole truth about the identity theft. I told her that I did not know what else I needed to do to resolve this, because the only thing I knew how to do was contact the credit bureaus. She failed to direct me to the fraud department, she failed to direct me to someone who could open up a fraud claim for me, and she failed to inform me that I could make a police report for this crime. All she did was pressure me into giving her my bank account information. She did not care to direct me to someone who could start an actual identity theft investigation. And she made me feel like there was nothing else I could do but pay for a crime that was committed against me. I gave her my bank account information due to the pressure and her failure to adequately address my problem. 

Months later, starting in XX/XX/XXXX, I learned that I could file a police report against my mother for the identity theft and that I needed to create a FTC identity theft report. I did both. I filed my police report in XXXX XXXX, Georgia. I called Bank of America back to see if this would help them investigate and cancel the debt my mother created under my name. The person I spoke with was actually helpful. She stopped the payments from my bank account, and she directed me to the fraud department. This representative helped me and did the actions that XXXX XXXX  failed to do concerning identity theft. I received a letter in the mail from BofA asking me to send my documents to support the identity theft and I did. Bank of America denied my claim, saying that the " address matches up with the statements. '' My mother and I lived with each other for 25 years, up until the end of XXXX. It was very easy for her to steal my identity without me knowing because we had the same address for 25 years, so she could intercept any mail or any correspondence about the debts and I would never know. She knew my social security number by heart because she is my mother, and she knew my Georgia ID as well. 

Now we approach XX/XX/XXXX. At this point, I was unsure of what to do, so I called BofA back and got in contact with XXXX in the charge-off department who helped me. He instructed me to fax my documents for identity theft to " XXXX XXXX '' at fax number XXXX. I did this and Bank of America denied my claim again via mail, stating that the " address matches up with the statements. '' Again, my mother and I lived at the same address for 25 years and we lived together when she was successfully stealing my identity without my knowledge. Also, from my credit report, I see that she made payments on this card. It would have been impossible for me to make these payments because I was an unemployed XXXX at the time and I had no knowledge of the credit card. 

In XX/XX/XXXX, I found out that my mother stole my identity to open up three XXXX car insurance accounts over three years. I have never owned nor have I ever financed a car. I report this to XXXX and they instruct me to send them a police report and any supporting documents. I began to make police report with XXXX County Police, but they instruct me that I need to make a police report in the county where the crime originally occurred, so I made the police report with XXXX County Police. I included in this police report every account I knew that she opened up using my identity that still had not been resolved. I included Bank of America, XXXX, and XXXX XXXX. She opened a credit card with XXXX XXXX with my stolen identity, but they were able to cancel the debt with my original police report from XXXX XXXX. She also opened a XXXX account in my name, but I was able to resolve this as identity fraud without a police report. 

With my updated police report where the crime originally occurred, XXXX XXXX and XXXX cancelled the debts and accepted my identity theft claim. I also found out in XX/XX/XXXX that she used my identity to rent a XXXX  truck because a debt collector sent a debt collection attempt to my email. This debt was cancelled with my police report and an updated FTC report that included XXXX. 

In XX/XX/XXXX, I decided to contact Bank of America 's fraud department again and send them via fax my updated police report, my FTC report, and all of the debt cancellation letters I received from XXXX XXXX, XXXX XXXX, XXXX, XXXX, and XXXX. All of these creditors accepted my identity theft claim as valid, but Bank of America refuses to be cooperative. It deeply depresses me, because the debt under my name does not represent me. It was a crime committed against me. Again, Bank of America denied my claim because " the address matches up with the statements. '' I fear that XXXX XXXX XXXX failure to send me to the right department and pressuring me to pay is hindering me. 

I am a victim of identity theft and financial abuse from my mother. 

Please, please help me. I am including in this email everything I sent to Bank of America fraud department via fax on XX/XX/XXXX. They denied this claim, but the information still stands. I have included my original statement, my police reports, my FTC identity theft report, and all of the debt cancellation letters from the other creditors who accepted my identity theft claim as valid. Bank of America is the only company allowing this crime against me to stand. 

Thank you, XXXX

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 non-monetary relief