Consumer complaint received 2016-01-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NY
Product: Credit card
Issue: Closing/Cancelling account

Complaint:
Customer service inability to understand NY State fair credit reporting act and credit reporting time period. XXXX BofA employees could not help me. Opened credit card in XXXX XXXX and closed in XXXX XXXX. In my home state of NY I noticed the account was still reporting to all XXXX credit bureaus as a paid charge off after five years from date of first delinquency. This is a violation according to the credit reporting time period in NY State. The NY Fair Credit Reporting Act states that any paid charge off must be removed after five years from date of first delinquent. Bank of America refuses to acknowledge that my DOFD is XXXX XXXX. They have it reported as XXXX XXXX, which makes no sense if the charges related to the charge off caused my account to close in XXXX of XXXX. 30 days late in XXXX XXXX then 60 days late in XXXX which led to account closure. How can I use a card in XXXX if it was closed in XXXX? The representatives at BOA had no clue what I was talking about and referred to the standard 7 years plus 180 days that a charge off must remain on my credit reports. Once I had escalated the issue to Managers, they wanted to try and help. They were kind, but repeatedly put me on hold and had to speak with someone else. Once they realized it should be removed they recommended I dispute the item with the reporting credit agency. This is what I did and all disputes came back as verified with BOA. Essentially, verifying that my DOFD was XXXX XXXX, I figured I would try again and failed again until XXXX recognized the error and removed from my credit report. XXXX XXXX and XXXX refuse to remove because BOA will NOT report my DOFD accurately. After more phone calls and reaching XXXX XXXX he told me he would call me back personally and get to the bottom of this. Surprise, he NEVER called back and I had to reach out again. When he finally had an answer for me he told me their was nothing he could do except give me an address to the Executive Office. I had requested a complete account history, records of all activity, payments, collection attempts, charges added for collection attempts. The only information provided to me was a list of my statements from XXXX XXXX to XXXX XXXX. A letter enclosed, stated these are the best quality copies we have available. Another letter from BOA stated that -this account is reporting as being charged off on XXXX XXXX, XXXX, this account is reporting with a zero balance. Unfortunately, that is not the information I was inquiring about. The NY FCRA starts from the DATE OF FIRST DELINQUENCY, not the charge off date. All of this because of a {$30.00} paid charge off, which would have been paid in full if they actually sent it to the correct address. The card was stolen from me by a family member and charged it up without my knowledge. Hence, the charge off. Everything about this card and dealing with BOA and it 's associates has been a disaster. I have disputed the DOFD with XXXX and XXXX XXXX now several times. They will not change unless BOA reports the information correctly.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with explanation