Consumer complaint received 2018-03-12
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Opening an account
Sub-issue: Unable to open an account

Complaint:
This is in response to Bank of America 's claim that they've verified that I have SUSPECTED FRAD ACTIVITY, that it was a RISC closure, closure status is SETTLED IN FULL & REPORT IS DISPUTED BY CONSUMER ( S ), AND VERIFIED ACCURATE BY FI ANY AMOUNTS OWED HAVE BEEN PAID.

Bank of America ( Missouri ) has failed to provide me with a copy of any viable evidence submitted from BANK OF AMERICA MISSOURI. The nonviable documents that you did provide show  unmistakable evidence of two different checks deposited and absolutely no evidence of either of the  two checks being deposited more than once by me, XXXX XXXX. Both being State Unemployment checks issued by the State of California and never reported as fraudulently cashed, by the State or Government, this clearly was a system reporting issue with the Bank, which has failed to provide proof of otherwise. Please provide the dates, names, address, and telephone number of each person contacted at BANK OF AMERICA MISSOURI regarding this alleged account. I am once again formally requesting a copy of any documents provided by BANK OF AMERICA MISSOURI, showing proof that I was informed about the closure to account prior to and or after the closure of the account as well as the cause. Please understand, a bank clerk looking at their computer screen, seeing my name listed in their database is NOT verification or validation of any alleged suspected fraud activity. 

Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate, incomplete, fraudulent and represents a very serious error in your reporting. Please note this is a crime. 

Failure to comply with federal regulations by credit reporting agencies are investigated by the Federal Trade Commission ( see 15 USC 41, et seq. ). I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC, CFPB and the state of Missouri & Floridas Attorney General 's office, should you continue in your non-compliance. I further remind you that, as in XXXX v. XXXX XXXX XXXX, XXXX. XXXX ( XXXX.Cal. XX/XX/1995 ), you may be liable for your willful non-compliance. All documentation providing proof of my claim has been officially submitted to FTC, CFPB. 

Please see my attached XXXX POLICE REPORT ( NUMBER XXXX ), filed with the XXXX, CA Police Department. I was unfortunately a victim of two different identity theft incidents, which I thoroughly fight. The allegations that Bank of America are holding against me have caused me to not be able to have a banking relationship with any bank, meaning Im not able to open or hold a checking nor savings account at all. Being that Im a mother of XXXX this has made it extremely hard for everyday task that your average American may use their bank account for. I have attempted on several occasions to contact Bank of America to resolve their claim and they have failed on numerous occasions to provide viable proof. This is a crime. Im not certain if this matter is being ignored because Im XXXX ( XXXX XXXX ) which Bank of America has already identified & for that reason possibly in the eyes of the bank a non-asset. Perhaps this is the reason Bank of America is making these horrendous allegations against me. As well as refusing to remove my name & your claims from the CRA, XXXX XXXX ( XXXX ), XXXX XXXX as well as your files. 

Failure on your behalf to remove my name from your system will result in a small claims action against your company for the following damages : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violation of the Fair Credit Reporting Act

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