Consumer complaint received 2021-07-07
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OH
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
On XX/XX/XXXX and XX/XX/XXXX I sent letters directly to you regarding inaccuracies on my consumer report that I demanded to be deleted. On XXXX, I made 2 CFPB complaints regarding inaccurate information. On XX/XX/XXXX I requested a method of verification from you-to prove that the information you are reporting on my consumer report is valid. On both XX/XX/XXXX and XX/XX/XXXX I made additional complaints to CFPB. 

You failed delete the Bank of America account # XXXX. I have proof that you are inaccurately reporting based on the credit report you sent me on XX/XX/XXXX. 

For Bank of America account # XXXX, your agency claimed that you updated the closed date and date of last activity and you DID NOT. The closed date and date of last activity is blank on that account on my consumer report. ( See attached document ). These dates are important because they determine how long the account should be ACCURATELY reporting. On alleged charge offs there should be the date of last activity, no past due balances, no late payments, it should not be reporting as charged off every month and there should be a date that the account closed. All of which applies to the inaccurate reporting of this account. If there is no close date on my consumer report- that means I am liable for the debt and liable to keep making a monthly payment- but there is NO MONTHLY PAYMENT and your remarks stated that the company wrote off the debt. This account is reporting 90 days late 55 times which is ABSURD if the account is allegedly charged-off with NO MINUMUM MONTHLY PAYMENT REQUIRED. 

I notified you that the information is an error, you refused to delete the account and still have it reporting inaccurately. Its also reporting as a continued charge off. You VIOLATED 15 U.S.C 1681s-2 ( a ) ( 1 ) ( A ) which is reporting information with actual knowledge of errors which is PROHIBITED. You also violated 1681s-2 ( a ) ( 1 ) ( B ) ( i ) ( ii ) - Reporting information after notice and confirmation of errors. YOU ARE IN ALSO VIOLATION of 15 U.S.C 1681 ( a ) accuracy and fairness of credit report. Its your duty to report accurate information and it is not that. 

I've personally walked into Bank of America 's branch back in XXXX in search of information regarding this account. The banker told me my information is not in their system at all and to try calling customer service. I mailed Bank of America at the address provided by XXXX  XXXX XXXX XXXX XXXX XXXX XXXX, DE XXXX ) regarding this account and did NOT RECEIVE A RESPONSE. I called the customer service number, entered my social security number as a prompt so the system can pull up my account- nothing was found and I was on hold for 2 hours, nobody ever responded. 

With the SAME laws applied, this account was removed from XXXX  and XXXX  in which you are supposed to be using the same system to report information. According to 15 USC 1681b ( e ) ( 6 ) Notification system by agencies that operate nationwide. Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies. You can not report different information. 

I have not supplied proof under the doctrine of estoppel by silence, Engelhardt v. Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. 

Also under 15 U.S.C 1692. I am the original creditor, so if you did not reach out to me to verify information on my consumer report, who did you reach out to? Since it was not me. 

Under 15 U.S.C 1681 ( a ) accuracy and fairness of credit report. Its XXXX duty to report accurate information and it is not that. Lastly, as pursuant to 15 U.S.C 1692d ( 1 ) you are ruining my reputation/defamation of character of credit worthiness. 

The following account needs to be DELETED due to several violations and inaccuracy : Bank of America # XXXX. 

Failure to respond satisfactory with the deletions of the above referenced accounts and a free copy of my report after the changes have been made will result in actions being taken against your company ; I will also be seeking {$1000.00} per violation ( 7 ) for : 1 ) 15 U.S.C 1681 ( a ) 2 ) 15 U.S.C 1681b ( e ) ( 6 ) 3 ) 15 U.S.C 1681s-2 ( a ) ( 1 ) ( A ) 4 ) 15 U.S.C 1681s-2 ( a ) ( 1 ) ( B ) ( i ) ( ii ) 5 ) Violation of Doctrine of Estoppel by Silence 6 ) 15 U.S.C 1692 7 ) 15 U.S.C 1692d ( 1 )

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