Consumer complaint received 2023-12-28
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: OH
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
I arrived in the US this XXXX, marking my first time in the country. In XX/XX/XXXX, I attempted to apply for my first US credit card with XXXX, only to be rejected due to an outstanding bill on a credit card reported in my XXXX credit report. This was surprising as I had just arrived in the country and had no prior credit history in the US. 

Upon creating an XXXX account using my personal information and newly issued SSN, I discovered that XXXX had erroneously linked me to an existing account belonging to someone else. This account, which had similar ( but not identical ) personal information, included a credit card from Bank of America with an outstanding bill from XX/XX/XXXX. Notably, this credit card was issued in XXXX, a time when I was not present in the US. 

Despite providing XXXX with comprehensive personal documentation ( including my passport, State ID, Bank Statement, police report, SSN, past two years ' mailing addresses, full name, DoB, XXXX XXXX, and XXXX ), my efforts to dispute this error have been unsuccessful. XXXXXXXX XXXX  reasons for rejecting my dispute include a lack of sufficient proof from my side and Bank of America 's confirmation of the credit card 's validity. First reason that XXXX gave is that I didn't give enough materials that can prove myself, but I indeed submiited all the documents required by XXXX, including my passport, State ID, Bank Statement, police report, SSN, past two years 's mailing address, full name and DoB ( even my XXXX XXXX, and XXXX ). Second reason is that they told me that BoA confirmed that that credit card is 'valid ' so they can not remove it from my XXXX credit report. But it does not belong to me. 

Given these circumstances, I believe my situation falls under the purview of the Fair Credit Reporting Act ( FCRA ), which mandates credit reporting agencies to provide accurate, fair, and private information. Under the FCRA, consumers have the right to dispute and demand correction of any inaccuracies in their credit reports. The Act obligates credit reporting agencies to investigate consumer disputes and correct or delete inaccurate information within a reasonable timeframe. 

Furthermore, if identity theft is a factor, the Identity Theft and Assumption Deterrence Act provides additional protections, making identity theft a federal crime and assigning specific responsibilities to the Federal Trade Commission ( FTC ) to assist victims. 

I am prepared to take legal action under these federal statutes to ensure the correction of my credit report and dissociate my identity from this erroneous account. I seek a complete removal of the incorrect credit record and a formal acknowledgment of this error from XXXX. I also request ongoing credit monitoring services to prevent future inaccuracies and protect my credit status.

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