Consumer complaint received 2019-12-03
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: AZ
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:
This is my first official complaint specifically about my Bank of America ( BOA ) Credit card which I maintained up until XX/XX/XXXX. Account relationship managers as well as customer service representatives of Bank of America both admitted in XX/XX/XXXX that BOA " sold '' a group of credit cards to XXXX XXXX  which were " transferred from BOA to XXXX XXXX   into a divided FIA portfolio ''. This action had occurred prior to a merger between XXXX XXXX and XXXX XXXX which I was told became final on XX/XX/XXXX. I am not sure how selling my private financial and personal information to another banking entity without my permission has to do with an airlines merger. BOA never notified me in writing or electronic means to inform me of their financial intents and to ask me if I wanted my personal/financial information to be shared or sold ; as pursuant to Federal law Gram Leach Bliley Act # 15 ; section 6801,6802. As a result of their conduct, I received an unsolicited phone call from XXXX XXXX  in XX/XX/XXXX who stated that " Bank of America is going out of business and I would be receiving a new card from their bank on XX/XX/XXXX. I did NOT at that time or even after XX/XX/XXXX receive any written or electronic disclosure on part of XXXX XXXX  as to credit terms and agreements or info on how they plan to protect my private and financial information or how they plan to conduct business. XXXX XXXX  is a bank located in XXXX with a home base in Delaware ; but only recognized as a foreign business entity in the USA. I would never have solicited them, applied to their bank or utilized any of their services even if I knew nothing about them. However, as a result of BOA blatant disregard for federal laws, namely Code # 15,  sections 6801-6809, I have had my personal and financial information, and finances utilized in unethical ways which is a clear example of extortion when you review the information. XXXX XXXX  never at any time sent any electronic or written credit agreement or terms of non-disclosure of personal/financial info or info regarding change in credit terms, did not adhere to change in credit terms which they verbalized over the phone in XXXX. This entire incident would have been avoided had BOA conducted business ethically regarding american federal legislation Code 15, Gram-leach-Bliley act USC 6801-6809 ; as well as the Fair Credit Reporting Act which includes section 1681. I have endured enumerous suffering both financially and physical illness as a result of the court and legal issues brought on me with their relentless disclosure of my personal/financial information to other businesses and affiliates. XXXX XXXX  eventually had their third party debt collectors ( XXXX XXXX  XXXX and XXXX XXXX ( a third party phone answering service who routes your calls, for XXXX XXXX, who also have access to your account info ) attempted to sue me in XXXX and than dropped the charges in XXXX after I discussed XXXX XXXX  illegal business dealings. I am currently reporting them for money laundering. I have had a complete change in my living situation due to illegal business dealings which started with Bank of America. I subpoenaed all electronic and written communication from Bank of america, including telephone recordings which would be done for quality assurance. Bank of America initially denied having a Registered agent to deliver a subpoena to but I located one on my own accord and Bank of america did respond with " We are unable to locate any records for the Timeframe specified ''.  However, I have 2 BOA employee witnesses, one was in a managerial position, who stated that their is no record of my account. However the account manager did say that any accounts sold during the merger would be kept in a separate department which he did not have access to. On the other hand, XXXX XXXX  readily admits that my account was obtained by them as part of the merger between the airlines. The subpoena I sent to XXXX XXXX  requesting the same information and also a credit agreement, was ignored. Their registered agent did receive the subpoena per process server and did not oblige. Again, it is a violation of the Gram Leach Bliley act to not respond to subpoenas for agreements and disclosures, financial statements needed for court proceedings. BOA does information on my account during that time but are withheld the information, at that time.

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