Consumer complaint received 2020-03-10
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Problem with customer service

Complaint:
I submitted complaint XXXX a month ago. XXXX, from the Regulatory Complaint Department of Bank of America, left me a voice message indicating he was investigating my issue. 

I returned his call immediately to the number provided ( XXXX ), and the automated voice message says, " thank you for calling regulatory complaints servicing, we are here to help, please be advised we are a DEBT COLLECTOR. '' I entered XXXX 's 6-digit extension ( XXXX ), and the call went straight to voicemail. I did not hear anything back after several days, so I called XXXX again, and it went straight to voicemail again. Over the next few weeks, I left several messages for XXXX but never got a response. There was no alternative extension provided, so I was stuck leaving voicemails for XXXX and never getting a response. 

Finally, today, I received a voicemail from XXXX, from the same department as XXXX. I tried calling him back, but it went straight to voicemail, just like XXXX. There is no operating menu, and no option to speak with an operator. 

The department is a farce. 

The complaints management organization, run by 'Regulatory Complaints Servicing, ' is targeting unsuspecting customers for information, not helping them. Customers facing financial hardships submit complaints to the CFPB thinking that it will help, but they end up divulging data to a Debt Collector that aids the bank in its collection efforts. 

More fortunate customers are not over-burdened by their liabilities, so the debt collectors have no incentive to call them back. However, low income customers call this debt collector to discuss complaints, thinking that the Consumer Financial Protection Bureau is protecting them! Instead, they are waiving their rights unbeknownst. 

The Fair Debt Collection Practices Act ( FDCPA ) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts. The FDCPA covers debt for personal, family or household purposes. Under the FDCPA, a debt collector is someone who regularly collects debts owed to others, such as a collection agency. A bank collecting its own debt in its own name is not considered a debt collector and may attempt to collect debts owed in a reasonable manner, including telephone calls to the borrower. However, banks and other lenders that are not acting as debt collectors under FDCPA are generally expected to avoid abusive collection practices and comply with the spirit of the FDCPA. 

The Regulatory Complaints Servicing department is violating the spirit of the FDCPA, and under the auspices of the CFPB! By employing Unfair, Deceptive ( or Abusive ) Acts or Practices, it collects complaints, probably scans for key words, and targets groups of people. Their process probably violates Americans with Disabilities Act ( ADA ) if debt collectors are profiling customers and selecting specific groups of people to pursue for further information. And if they are misusing credit report information for the purposes of debt collection, they may be violating the Fair Credit Reporting Act ( FCRA ). Consumers need their data need to be protected, not manipulated and forfeited under false pretenses. 

The CFPB should be protecting customers, not feeding them to the wolves.

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