Consumer complaint received 2015-08-27
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card
Issue: Other

Complaint:
I am writing in regards to Bank of America 's reporting of account # XXXX to XXXX, XXXX, and XXXX on XXXX XXXX, XXXX XXXX XXXX/XXXX/XXXX XXXX. Bank of America has violated the Fair Credit Reporting Act ( " FCRA '' ) sections 623 ( a ), 623 ( b ), and 605 ( c ) on multiple occasions by re-aging Bank of America account # XXXX, which has caused myself irrevocable harm. Bank of America has reported three ( 3 ) separate DOFD dates in regards Bank of America account # XXXX on at least three ( 3 ) separate occasions, including the most recent on XXXX XXXX, XXXX ( XXXX/XXXX/XXXX ). Each occasion constitutes XXXX ( XXXX ) violations, as information was provided to XXXX, XXXX, and XXXX. 

On XXXX XXXX, XXXX ( XXXX/XXXX/XXXX ), Bank of America reported the Date of First Delinquency ( " DOFD '' ) to account # XXXX to reflect XXXX, XXXX ( XXXX ). In XXXX ( XXXX ) earlier reports provided by Bank of America to XXXX, XXXX, and XXXX, the DOFD date was reported to reflect XXXX, XXXX ( XXXX ) and XXXX, XXXX ( XXXX ). In total, Bank of America has reported XXXX ( XXXX ) DOFD dates on account # XXXX resulting in re-aging this account XXXX ( XXXX ) times, via incorrect reporting provided to XXXX, XXXX, and XXXX. 

Bank of America does not have documentation on this account prior to XX/XX/XXXX. Per the account statement of XX/XX/XXXX, the account was past due {$1600.00}. In addition, statements provided via DV requests from creditors show the account was never brought current from XX/XX/XXXX, and a DOFD can not be determined without documentation prior to XX/XX/XXXX. It is appallingly apparent that prior CRA reporting is incorrect on this account, as there can not be ( XXXX ) XXXX separate DOFD dates on the same account. 

Section 623 ( a ) ( 1 ) ( A ) of the Fair Credit Reporting Act states : ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

Section 623 ( a ) ( 1 ) ( B ) of the Fair Credit Reporting Act states : ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

By law, Bank of America should be fined {$15000.00} or greater for violations due to repeated incorrect reporting on this account. Unlike the FDCP, the FCRA allows for multiple fines and additional compensation for irreparable harm caused by incorrect reporting to credit reporting agencies. 

Section 623 ( b ) ( 1 ) ( E ) of the Fair Credit Reporting Act states : ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ), for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly- ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanentlyPer section 623 ( b ) ( 1 ) ( E ) of the Fair Credit Reporting Act, this account must immediately be deleted from my credit report unless Bank of America can provide documentation explaining why XX/XX/XXXX is the correct DOFD, which is impossible, given that XX/XX/XXXX is the Charge-Off date on the account. 

I demand that Bank of America immediately delete account # XXXX from my credit report via XXXX, XXXX, and XXXX.

Company public response: Company chooses not to provide a public response
Company response to consumer: Closed with non-monetary relief