Consumer complaint received 2017-06-30
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Credit monitoring or identity theft protection services
Sub-issue: Billing dispute for services

Complaint:
Bank of America has committed gross violations of Title X of of the Dodd-Frank Wall Street Reform and Consumer Protection Act of XX/XX/XXXX ( the Act ) which established the Consumer Financial Protection Bureau ( CFPB ) and any and all referenced regulations and laws endorsed by this Act. The violations include as a minimum the following which are explicitly prohibited by the Act : unfair, deceptive, and/or abusive acts and practices in connection with consumer products and services and various other consumer laws and implementing regulations as endorsed by the Act. The CFPB is requested to initiate legal proceedings against Bank of America for intentionally, knowingly, and willful violations of the Act. <P/>The following are a few of the acts committed by Bank of America, and there are others which should be addressed in the prosecution of Bank of America and this investigation. The consumer will provide these upon request. <P/>1. Bank of America deceptively, unfairly, and abusively attempted to collect and even reported to the CFPB that merchant service cancellation fees were due when in fact they were previously waived by the merchant, XXXX XXXX. <P/>2. Bank of America deceptively, unfairly, and abusively attempted to collect charges for XXXX XXXX Equipment which in fact had been previously returned to the Merchant, XXXX XXXX. <P/>3. Bank of America unfairly and abusively attempted to charge the credit account when in fact the credit account was previously closed and the merchant account was also previously closed. There was no remaining contractual relationship between the consumer, Bank of America, and XXXX XXXX. These are clearly invalid charges. <P/>4. Bank of America submitted a letter dated XX/XX/XXXX to CFPB with numerous items, many are meaningless facts with virtually no relevance to the matter at hand and they appear to be an attempt to misrepresent ( deception ) the situation, BUT Bank of America deceptively ( by omission ) omits numerous phone calls by the credit card holder to them describing the situation, the required action, the prohibited tasks, and numerous other facts related to the dispute. <P/>XXXX. Bank of America failed to exercise due diligence in investigating the dispute, and as a result they abused the consumer by filing false ( deceptive ) claims against the consumer 's credit records with the Credit Bureaus. Bank of America committed gross negligence in performing their responsibilities as required by the Act. <P/>6. Bank of America failed to review ( deception by omission ) the contracts and recognize that the actual contracts were not discernible as to the consumer responsibilities as a result of the way they were presented to consumer, signed by consumer, and executed. This is again a failure to do due diligence by Bank of America, and fails to meet requirements of the Act. <P/>7. Bank of America failed to recognize that there was NO CONTRACT or credit agreement open between consumer and Bank of America at the time the paid XXXX XXXX. Bank of America had NO contract with XXXX XXXX, and therefore they were not authorized in any way to pay funds on behalf of consumer. This is unfair and abusive per the Act. <P/>8. Bank of America 's letter dated XX/XX/XXXX was totally inadequate to justify their position and actions regarding payment to XXXX XXXX, reimbursement by consumer, and filing reports to the Credit Reporting Agencies. <P/>SUMMARY : Bank of America 's actions clearly show they have willfully, knowingly, and intentionally violated Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of XX/XX/XXXX( the Act ) in this matter. The violations include unfair, deceptive, and/or abusive actions which are explicitly prohibited by the Act. A formal enforcement investigation the CFPB is fully warranted and justified by Bank of America 's actions. T Consumers should be protected by such illegal behavior, and the full extent of the law and regulations should be used to demonstrate that not only is Bank of America not allowed to violate the law in this manner with no consequences, but no other credit or banking agencies should be allowed to perform these actions without being held accountable.. <P/>Regards, XXXX XXXX XXXX

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