Consumer complaint received 2022-09-14
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CO
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
If applicable, please cancel prior cease & desist conditions ( except TCPA ) on the account. Your organization is to communicate with me ONLY for the purposes of providing information for my records and to show sources of your reinvestigation. Collection is not permitted while I consider the account to be a billing error. I have attempted to notify you of the billing error but was unable to find the accurate address for billing inquiries as required to be listed on your periodic billing statements per disclosure as required under 15 U.S.C. 1637 ( b ) ( 10 ). I tried sending a billing error notice, but never received anything in response and no agents conducted an investigation to my knowledge.

I have reason to believe the department receiving my billing error notice merely sent me period billing statements instead of the documentary evidence I requested as defined in 15 USC 44 ( a right conferred to consumers by the FTC Holder Rule per 16 CFR 433.2 ). I am entitled to documentary evidence to clarify the charge-off allegation and for other tax purposes since the error is computational in nature, resulting in misapplied credits. 

No adverse reporting, closure of the account, or collection activity is permitted per rules pending resolution. I wish to initiate the billing error using the account number as listed on my consumer reports. 

Please provide copies of the following information : All billing statements from the date of account opening A list of people you have sent my personal information to The Gramm-Leach Bliley disclosures A copy of the 1099-C cancellation of debt, if applicable Date of First Delinquency Date of Last Activity Mailing address of your registered agent Fax number for correspondence ACDV and AUD forms from all reinvestigations In order for BANK OF AMERICA , N.A . to report an account as a charge-off it is required by 26 CFR 1.166-2 that BANK OF AMERICA , N.A . received documentation in writing from the authorities confirming that the charge-off is subject to specific order. 

There is a comment on my XXXX report indicating a reported as a loss by the credit grantor yet I have not received a 1099-C. I demand strict proof thereof via a certified copy under penalty of perjury that BANK OF AMERICA , N.A . received written permission from the regulating authorities to charge the account off. I demand evidence in the way of the FAS-140 ( previously FAS-125 ) or the state equivalent of the same writing as described by Title 26 IRS code ( both CFR and USC ), complying with required accounting practices and under penalty of perjury.

I hereby issue an authenticated request for an accounting and request regarding a statement of account on par with Colo. Rev. Stat. 4-9-210, and require authenticated accounting and authenticated approval or correction to the statement of account within fourteen days. The correction is to account for any tax credits, insurance payoffs, or set-offs by way of application of unearned finance charge, unearned discount, or unearned interest. 

If the reinvestigation determines the information is not reporting to the maximal standards of accuracy required to meet the privilege of reportability, immediately remove the tradeline from my consumer reports ( including but not limited to XXXX, XXXX, XXXX, and XXXX ) while you conduct a reinvestigation compliant with reasonable procedures for data furnishers. 

Cease all collection activity including but not limited to communication through consumer reporting agencies as reporting is considered a form of communication and collection activity. 

I believe 14 days is a reasonable amount of time to gather this information. I look forward to your complete compliance. Please forward all correspondence regarding this matter to the address provided to the CFPB.

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