Consumer complaint received 2024-08-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (NC)

BANK OF AMERICA IS IN VIOLATION OF THE CODES : 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 
As you can see there is a need to protect your right to privacy. 
Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 
They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 
Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 

If you chose to list that in your complaint YOU MUST provide the information listed above. Identity theft reports can be filed with the Federal Trade Commission on their website 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. 
( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 
By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If you can prove they wilfully violated the act you are entitled to at least 1,000 $ per violation plus any other damages you have sustained as a result of their failure to follow the law. If you have to file more than 1 complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after you complained the 1st time. 

Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. 
15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. 
15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 
Once you notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid. 
Those are a few violations of the Fair Credit Reporting Act that you can use in your complaint against not only the reporting agencies but the furnisher of that information to them. 
Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. 
Again they need prior written instruction of the individual to whom it relates. 
Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 Opt Out Laws PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. 
( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. 


Every company owes you a privacy notice before they furnish any information to our consumer report 12 CFR 1016.4 Initial privacy notice to consumers required. 
( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 
( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. 
( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 
( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 
( i ) Duration of consumer 's opt out direction. 
( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. 

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 
( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
Once again they must give you an opt out notice for anything that is to be added to your consumer report. 
15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, You have the right to opt out of anything on your report at any time and the companies must comply as soon as reasonably practicable after you send them a notice. They have given you unreasonable means to opt out so you will have to write your own letter directing them to stop reporting in accordance with the laws listed above. 
Consumer Finance Protection Bureau