Consumer complaint received 2024-10-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with fraud alerts or security freezes — 
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (WA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Notice of Identity Theft I, XXXX XXXX have fallen victim of identity theft. An identity thief, associated with the below named Creditors ; and directed by their respective below listed financial institutions; misappropriated their authority when unlawfully and unilaterally accessing my personal credit information. Ingress actions taken by named lenders ; without proper consent, without legal support and with deceptive intention are prohibited and constitute theft of my identity. 

Below furnishers were included in XX/XX/XXXX, XXXX  XXXX Discharge. All named Furnishers fraudulently utilized my antecedently permitted credit profile disclosures and consent for access to unlawfully assert non-validated and manufactured derogatory credit records : XXXX XXXX : XX/XX/XXXX refused to disclose 1099-C RE : XXXX, XXXX, XXXX -Post Bankruptcy Reporting ; XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX ( {$990.00} ) XXXX XXXX XXXX XXXX refused to disclose 1099-C RE : Acct. # XXXX ; Post Bankruptcy Reporting XX/XX/XXXX : XXXX XXXX XXXX XXXX ( {$1100.00} ) XXXX XXXX XXXX XXXX : XX/XX/XXXX XX/XX/XXXX refused to disclose 1099-C and Guilty of Breach of Settlement Contract RE : Acct. # XXXX Bankruptcy Reporting ; XX/XX/XXXX ; XXXX XXXX XXXX XXXX XXXX XXXX XXXX Accurate Details : ( {$1600.00} paid {$440.00} satisfied Settled on XX/XX/XXXX ) : Inaccurate Details : ( reporting {$2000.00} Written Off and Settled : XX/XX/XXXX ; Original Loan {$1500.00} ) Bank of America : XX/XX/XXXX refused to disclose 1099-C RE : Acct. # XXXX XXXX Post Bankruptcy Reporting XX/XX/XXXX ; XXXX XXXX XXXX XXXX XXXX ( {$6100.00} ) XXXX XXXX XXXX XXXX XXXX refused to disclose 1099-C RE : Acct. # XXXX : Post Bankruptcy Reporting XX/XX/XXXX : XXXX XXXX XXXX XXXX XXXX  ( {$4200.00} ) XXXX XXXX XXXX XXXX  : XXXX XXXX refused to disclose 1099-C RE : Acct. # XXXXXXXX XXXX XXXXXX/XX/XXXX ( {$1300.00} ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX refused to disclose 1099-C and dates of Account Transfer RE : Acct. XXXX : Post Bankruptcy Reporting XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( {$1300.00} ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX refused to disclose 1099-C, Fraudulently reported Post Bankruptcy XX/XX/XXXX and Refused to provide Dates of Account Transfer & Report Included In XXXX XXXX Status : RE : Acct. # XXXX : XXXX XXXX XXXX XXXX XXXX XXXX. Admitted Lenders Fraud Activity to CFPB via complaint response XX/XX/XXXX ( {$2400.00} ) XXXX XXXX : XX/XX/XXXX refused to disclose 1099-C RE : Acct # XXXX : Post Bankruptcy Reporting XX/XX/XXXX : XXXX  XXXX XX/XX/XXXX ( {$16000.00} ) XXXX XXXX XXXX XX/XX/XXXX refused to disclose 1099-C RE : Acct. # XXXXPost Bankruptcy Reporting XX/XX/XXXX : XXXX XXXX XXXX XXXX ( {$750.00} ) XXXX XXXX XXXX XXXX XXXX  refused to disclose 1099-C, Originated a Loan they are not licensed ( XXXX  ) and refused to update Discharged in XXXX  XXXX Bankruptcy RE : XXXX : Fraudulently reporting collection account despite notification XX/XX/XXXX - XX/XX/XXXX ( {$1200.00} ) Loan at Last : XX/XX/XXXX refused to disclose 1099-C, Originated a Loan they are not licensed ( XXXX  ) and refused to update Discharged in XXXX XXXX Bankruptcy RE : Acct. # XXXX : XXXX XXXX XXXX XXXX ( {$1100.00} ) Theft of Identity & Tax Fraud : Impermissible Access and Misrepresentation of Facts : Written Off, Charged Off, Collections, settled, Transferred, debt are not validated. Borrower has not been provided requested and required IRS 1099-C Affidavits. Creditors did not adhere to FCRA Reporting Guidelines prior to falsely reporting.

Creditors have knowingly misrepresented debt, refused to disclose supporting evidence by intentionally falsified records regarding account details to CRAs, CFPB, and IRS.

Creditors stole my identity, falsified accounts records, and are culpable for engaging in criminal actions of misconduct. Creditors utilized obsolescent consent to unlawfully gain access to my credit profiles. Creditors have repeatedly violated and victimized XXXX XXXX by failing to abide by their fiduciary duties to : take lawful action to credit dispute notices, to ensure credit data inaccuracies are corrected, and to prevent fabricated falsified transactions are prohibited from furnishing.

Failing to report that a debt was discharged in bankruptcy : Once a debt has been discharged in bankruptcy, the credit furnisher and the credit reporting agency must report it as accurately discharged. Discharged debts are incorrectly reported as Charged Off or Closed by Credit Grantor. Is a violation of the FCRA.

15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( Creditor ) shall not furnish any information relating to a ( Borrower ) to any consumer reporting agency ( CRAs ) if the person knows or has reasonable cause to believe that the information is inaccurate. Creditor can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS income can not be reported. Statements by way of credit furnishing that said debt was WRITTEN OFF, SETTLED, TRANSFERRED, CLOSED BY GRANTOR prior to Discharge date require proof of 1099-C.

The IRS firmly defines a charge off as Gross or Ordinary income, INCOME IS PROHIBITED REPORTING which in fact PROVES reporting of accounts are inaccurate. Additionally, and by Definition, the IRS firmly states, Cancelled debt or Charge off accounts are Income. The reporting of these accounts as a debt is inaccurate.

A Form 1099-C for each debtor for whom you canceled {$600.00} or more of a debt owed to you if : * You are an applicable financial entity.

* An identifiable event has occurred.

To date, I have not received a 1099-C from above mentioned Creditors for the cancelled debt { Currently Reporting } } in order to file as ordinary income. Creditors by way of Credit reporting inaccuracies and Creditors refusal to disclose evidence of fact regarding identifiable events contributed to fraudulent reporting by Creditors. Borrower has requested copies of 1099-C from each Creditor. Undoubtedly, writing off debt with the IRS without providing copies of 1099-C to ( Borrower ) is a violation. Guidelines state, Disclosure to ( Borrower ) of 1099-C is a required by the IRS for debts greater than { { {$600.00} } }. 

Beginning XXXX XXXX XX/XX/XXXX ; By way of Dispute Resolution Process and CFPB Complaints ; Borrower Previously provided detailed explanation and included validation documentation to support her requests to delete inaccurate credit reporting information. In addition, Borrower produced evidence of fraudulent furnishings against Creditors. Please refer to your files located in CRAs credit portals.

I have enclosed proof of my identity and a copy of my FTC Identity Theft Report.

In accordance with the Fair Debt Collection Practices Act : - [ ] I am requesting XXXX, XXXX, and XXXX i

mmediately cease collection proceedings by way of fraudulent credit reporting and demand above mentioned Creditors stop communicating with me about this debt, by way of fraudulent credit reporting ; unless with documentation of submission of accurate furnishings has been disclosed & validated and/or as allowed under the Fair Credit Reporting Act. - [ ] I also request XXXX, XXXX, and XXXX immediately notify above mentioned Creditors by furnishing, Written Off, Charged Off, Collections, Settled debt ; and not providing 1099-C validates their willingness to commit Tax Fraud and solidifies their complicity in the Theft of XXXX XXXX identity. 

Above mentioned Creditors committed Identity Theft Fraud by deceptively gaining impermissible access to my credit profile and unlawfully utilizing expired consent to obtain protected personal data. Upon gaining access Creditor falsified/manipulated and subsequently furnished unverifiable credit deficiencies. Further, Creditors committed perjury when reporting falsified data to IRS, CRAs, and CFPB to ensure receipt of IRS Exemptions and to intentionally harm and prevent borrower the right of accurate credit reporting status stated under FCRA Guidelines.

I have enclosed a copy of the Consumer Financial Protection Bureaus Notice to Furnishers of Information. It explains your responsibilities under the Fair Credit Reporting Act ( FCRA ). The FCRA requires that debt collectors give an identity theft victim documents related to an account if the victim asks.

Please provide copies of all records relating to the account, including : * Account applications made on paper, online, or by telephone * Account statements or invoices * Records of payment, 1099-C, Proof of Date of Event Written-Off, Settled, Transferred, or charge slips * Delivery addresses associated with the account and Proof of Service attempts * Records of phone numbers used to activate or access the account * Signatures on applications and accounts * Investigators report Please provide a letter explaining what you have done to : * Inform above mentioned Creditors that the debt is the result of identity theft * Stop collection proceedings against me * Stop reporting information about the debt to credit reporting companies * Provide me with the records I request Statute of Limitations is approaching for borrower to file civil litigation against Creditors for Inaccurate Credit Reporting under : FCRA Guidelines - Misrepresentation, and Fraud Violations. Documents obtained will be used as Plaintiffs evidence of fraud. All documents requested and obtained are required to be disclosed no later than XX/XX/XXXX. Failure to Disclose Information will result in additional sanctions and penalties to all parties responsible in hindering Plaintiffs from due process.

Thank you for your cooperation. 

Sincerely, XXXX XXXX Enclosures : * Identity Theft Reports * XXXX  XXXX Bankruptcy Discharge w/ Certification of Service and Non-Reaffirmation of Accounts * Proof of identity : WA State Drivers License * CFPB 's Notice to Furnishers of Information