Consumer complaint received 2022-04-06
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
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 submitted a complaint to CFPB in XXXX of 2022 about Bank Of America reporting inaccurate information, Bank of America responded back with documents. Well upon looking at the documents, I see that Bank of America is in violation of 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, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( 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. 
Also they are in violation of 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; I was not giving the option to opt out and I didn't give Bank of America permission to publish my information to the consumer reporting agencies. Also in the document that Bank of America provided, Bank of America stated that they are required by law to provide the following notification : We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. Notice Bank of America said, " may report, '' in case Bank of America is not aware what the definition of may means, it means expressing possibility or expressing permission. In other words, they are not required by law to do so. Once again I did not give Bank of America permission to publish this information nor was I giving the option to opt out. Also upon researching, creditors are not legally obliged to report AT ALL, to the consumer reporting agencies. It is a voluntary practice. So unless Bank of America can show what law requires them to report information, I demand this account be deleted from all 3 consumer reporting agencies.

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