Consumer complaint received 2023-05-19
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
The following accounts and their respective creditors are in direct violations of the FRCA laws put in place to protect me as a consumer in this country. I have contacted by phone, and mail addressing my concerns regarding these fraudulent accounts formed as a direct result of identity theft, and there was no response or solution given as far as rectifying my issues is concerned. Please see below the accounts/creditors referenced above. 

BK OF AMER Account Number : XXXX ( XXXX ) Account Number : XXXX ( XXXX ) XXXX XXXX ( XXXX ) XXXX ( XXXX ) Below a

re the following US Code violations these entities have committed. 16 CFR 681.1 ( 2 ) ( iv ) 16 CFR 660.4 ( b ) ( i ) 16 CFR 660.4 ( b ) ( iii ) 16 CFR 660.4 ( d ) ( 1 ) 16 CFR 660.4 ( e ) ( 1 ) 16 CFR 660.4 ( e ) ( 2 ) 16 CFR 660.4 ( e ) ( 3 ) 16 CFR 660.4 ( e ) ( 4 ) 15 USC 1681 ( i ) ( 7 ) states that the consumer reporting agency shall provide to aconsumera description referred to in paragraph by not later than 15 days after receiving a request from theconsumerfor that description. 15 USC 1681 ( i ) ( 8 ) states that the deletion of the information should also come within 3 business days, and 15 USC 1681 ( i ) ( 8 ) ( a ) states that I must be informed by telephone of the deletion, which would show XXXX, XXXX, Bank of America, and XXXX are all in direct violation. 

These credit bureaus and creditors are also in direct violation of 15 USC 1681c-2 ( a ) by continuing to report this fraudulent account to my credit report after numerous submissions of the necessary documentation proving I am not responsible for this debt. My rights are being violated and I will have to report this to the CFPB, FTC, XXXX, and the attorney general as well. According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail, or email in a fraudulent account. Neither Bank of America nor XXXX can supply this information, yet proceed with the continuous reporting of these fraudulent accounts ; directly violating my rights as a consumer that I am entitled to per the FCRA. 

In accordance with FCRA Section 623 ( 5 ) ( A ), it is an illegal act to " re-age '' any debt, and Bank of America has quite literally continued to update the age and date on this account ; a direct cause of the repeated drop in my credit score. I have supplied the necessary documentation proving this account isn't mine and is the result of identity theft, and XXXX and Bank of America continue to avoid accountability and allow my rights as detailed in the FRCA to be violated. I will not tolerate further disrespect for my rights as a consumer in this country. This account needs to be removed IMMEDIATELY. 

I have attached documentation XXXX deems " required '' to block fraudulent information, to this complaint. I have previously supplied this information numerous times, and XXXX, even while complying with their documentation requests, continuously refuses to comply. This is a blatant disrespect for the law, as well as my rights.

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