Consumer complaint received 2024-08-01
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (FL)

ACCOUNTS CURRENTLY IN DEFAULT FOR FAILED DISCLOSURE AND ACCURACY OF DEBT ( BANK OF AMERICA N.A., ATTORNEY XXXX XXXX XXXX, AND XXXX XXXX, & XXXX XXXX ) AMOUNT UNPROVEN : Account XXXX {$5300.00} Account XXXX {$6800.00} XXXX requested a disclosure of XXXX items and accuracy of debt from BANK OF AMERICA N.A XXXX in XX/XX/year>. They ignored all my requests and merely sent me newly printed terms and services with old statements, proving nothing. 

I also lawfully requested they send all of their documents notarized under the penalty of perjury to ensure all information was accurate and current. They ignored my lawful instructions, grossly violating my consumer rights yet again. 

At this point, BANK OF AMERICA N.A. has had over half a year to satisfy my lawful request for XXXX items for disclosure. The law states that " a reasonable timeframe '' is sufficient for companies like BANK OF AMERICA N.A. to lawfully respond to a consumer 's lawful request for disclosure under federal and state consumer law and privacy rights. 

To make matters worse, BANK OF AMERICA N.A. unlawfully expected payment while operating in default, negatively affecting my good credit score. It is against federal and state consumer law to have any expectation of payment while failing to prove the accuracy of debt and satisfying a request for disclosure. 

If BANK OF AMERICAS N.A. had an interest in honoring federal and state consumer protection laws and privacy rights, they would've prevented themselves from reporting incorrect information onto my private credit profile and charging off the account unlawfully during a failed request for accuracy of debt and failing to furnish the XXXX items I requested for disclosure. 

Shutting a consumer 's charge account without warning and charging off an unproven debt and a failed disclosure constitutes an adverse action, especially when the charge account is used for everyday expenses. 

BANK OF AMERICA N.A. 's disregard for federal and state consumer protection laws and privacy rights is evident in failing to issue me a 1099-c Internal Revenue Service ( IRS ) document for unlawfully charging off the debt.

BANK OF AMERICA N.A 's failure to provide me with a 1099-c document and unlawful charging off the unproven debt constitutes an audit by the Internal Revenue Service ( IRS ) under forms 3949-A and 211.

BANK OF AMERICA N.A. further ignored federal and state consumer protection laws and privacy rights by forwarding my sensitive personal information to a third-party debt collector ( Attorney XXXX XXXX XXXX and XXXX XXXX, XXXX, & XXXX XXXX XXXX Debt XXXX XXXX, XXXX, & XXXX XXXX unlawfully contacted me on XX/XX/year> after BANK OF AMERICA N.A XXXX unlawfully closed my account and charged it off. 

Naturally, I drafted affidavits of truth that would be notarized under the penalty of perjury to send to the unlawful parties contacting me within XXXX, XXXX, & XXXX XXXX ( XXXX XXXX and Attorney XXXX XXXX XXXX ). 

The sent affidavits of truth notarized under the penalty of perjury had all relevant state and federal laws, codes, and statutes listed as they enforced the protection of my rights. 

In addition, it was made clear to Attorney XXXX XXXX XXXX that she and BANK OF AMERICA N.A. violated federal and state consumer protection laws and privacy rights. Attorney XXXX XXXX XXXX and XXXX, XXXX, & XXXX XXXX are third-party debt collectors with no authority to contact me, let alone collect an unproven debt that had failed a lawful disclosure. 

After demanding Attorney XXXX XXXX XXXX provide me with the same 13 items requested for disclosure from BANK OF AMERICA N.A. and evidence of the accuracy of the debt in question, Attorney XXXX XXXX XXXX did something so unlawful it became alarming. 

Attorney XXXX XXXX XXXX sent me the same baseless statement printouts BANK OF AMERICA N.A. sent me, but this time, a page with a remittance coupon was attached. Why would Attorney XXXX XXXX XXXX send me a remittance coupon for an account charged off unlawfully? More importantly, why was Attorney XXXX XXXX XXXX of XXXX, XXXX XXXX XXXX XXXX attempting to collect a charged-off debt twice? Attorney XXXX XXXX XXXX 's actions also constitute an audit conducted by the Internal Revenue Service under forms 3949-A and 211. It also constitutes a formal public grievance with the Florida Bar addressing the unlawful practices of Attorney XXXX XXXX XXXX and XXXX, XXXX, & XXXX XXXX. 

Attorney XXXX XXXX XXXX couldn't possibly know that I'm fully aware remittance coupons can be indorsed, traded, or sold as a security or negotiable instrument. 

Attorney XXXX XXXX XXXX of XXXX, XXXX, & XXXX XXXX 's attempt to collect a charged-off debt twice falls under a deceptive practice and raises potential legal issues. 

Attorney XXXX XXXX XXXX of XXXX, XXXX, & XXXX XXXX 's failure to respond lawfully and promptly violates her code of conduct expressed by the Florida Bar. It also showcases her lack of competence when dealing with federal and state-protected consumer laws and privacy rights. 

It was evident that my notarized affidavits were effective and showcased unlawful practices by Attorney XXXX XXXX XXXX, XXXX, XXXX, & XXXX XXXX, and BANK OF AMERICA N.A. Why else would Attorney XXXX XXXX XXXX of XXXX, XXXX, & XXXX XXXX break a cease and desist order to contact me via email? 

It was made clear to all parties that by law, the only suitable method of communication with me was via the United States Postal Service. Not honoring my lawful command showcases another example of Attorney XXXX XXXX XXXX 's disregard for federal and state consumer protection laws and privacy rights. 

Attorney XXXX XXXX XXXX 's email stated, " Thank you foryouremail. Pleasecallmyofficeatyourconvenience and I would be happy to discuss this with you. '' I was pleasantly surprised when Attorney XXXX XXXX XXXX finally honored the law and responded to discuss this unlawful situation in a personable manner. 

The following day, I called the office of XXXX, XXXX, & XXXX XXXX to speak to Attorney XXXX XXXX XXXX twice. She failed to call me back and never followed up, even though she was required to address this claim until it was satisfied fully, as expressed by the law. Attorney XXXX XXXX XXXX 's email was from XX/XX/year>, a little over three weeks ago. I have not heard anything from Attorney XXXX XXXX XXXX since that email, even though I'm still sending enforcement affidavits notarized under the penalty of perjury. 

Now it's time to address Attorney XXXX XXXX XXXX of XXXX, XXXX, & XXXX XXXX 's most deceptive practice. 

Upon searching public court records, I discovered Attorney XXXX XXXX XXXX had submitted a petition to have me served for small claims court on XX/XX/year>. Today 's date is XX/XX/year>, and she has failed to serve me lawful legal documents for adjudication. 

Not serving me court papers that would allow me to address this gross breach of my consumer and privacy rights raises some serious concerns about the ethical practices held by Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX. 

Attorney XXXX XXXX XXXX 's actions here go beyond a deceptive practice. Not serving me court documents is downright malicious and a gross breach of her code of conduct set forth by the Florida Bar. 

Attorney XXXX XXXX XXXX is fully aware I have done my due diligence throughout this abuse and fears confronting me in a court of law where she can not evade being under the penalty of perjury. 

Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX have shown nothing but bad faith and unethical practices throughout this unlawful process. 

With all this said, Attorney XXXX XXXX XXXX isn't aware I know of our pre-trial on XX/XX/year>, in small claims court. I'm prepared to respond with my notarized answer and other motions to hold Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX accountable in small claims, federal, and state court. 

Considering the gross violations conducted by Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX, they are each respectively accruing daily fines of {$100000.00} in perpetuity until my lawful demand for a notarized disclosure of the 13 items demanded is satisfied or the commencement of federal and state adjudication. 

All imposed fines doubled due to the gross violation of two accounts by Attorney XXXX XXXX XXXX, Bank of America N.A., and XXXX, XXXX, XXXX XXXX XXXX. 

I have provided an affidavit of truth, sent to Attorney XXXX XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX. This affidavit was notarized under the penalty of perjury and includes relevant enforcement laws. 


XX/XX/year> Attorney XXXX XXXX XXXX XXXX, XXXX & XXXX, XXXX. 
BANK OF AMERICA N.A. 
XXXX, Florida Subject : Default Notice - Willful Non-Compliance and Gross Negligence Regarding Disclosure Request - Fines Imposed Until Compliance Attorney XXXX XXXX XXXX, This letter serves as a default notice regarding my request for disclosure, which I initially made on XX/XX/year>. Despite sending Attorney XXXX XXXX XXXX and XXXX, XXXX, & XXXX XXXX XXXX ( XXXX ) affidavits of truth notarized under the penalty of perjury and a final notice, I have not received the necessary disclosure from Attorney XXXX XXXX XXXX. 

According to 15 United States Code 1692g of the Fair Debt Collection Practices Act ( FDCPA ) and Florida Statutes Section XXXX, you must provide disclosure promptly and accurately. 

I contacted your office on XX/XX/year> following your request for a phone call. I left a message for you to schedule a phone call, but as of today, XX/XX/year>, I have not received any response. 

Per my previous communications, Attorney XXXX XXXX XXXX was allowed another XXXX calendar days to furnish the requested disclosure. Attorney XXXX XXXX XXXX 's failure to provide the requested disclosure within this timeframe constitutes a clear and ongoing violation of my rights and represents an unacceptable breach of professional conduct. 

Attorney XXXX XXXX XXXX, I demand that you furnish the following immediately from the receipt of this letter : -The original BANK OF AMERICA N.A XXXX applications ( both sides ) with wet signature, while not being redeemed with any bank. 

-BANK OF AMERICA N.A . 's complete application agreement and terms, including all amendments and modifications. 

-Evidence of the monetary amount, including a detailed breakdown of the principal, interest, fees, and other charges. 

-Full payment history. 

-Documentation showing the original application 's chain of ownership and assignment of the debt. 

-Evidence that the original applications weren't sold as a security to any entity, including the United States Securities and Exchange Commission XXXX 

-The name and address of the actual original creditor and not the entity pretending to be. 

-Evidence of Attorney XXXX XXXX XXXX XXXX XXXX XXXX XXXX, & XXXX XXXX XXXX authority to collect this debt. 

-Evidence that BANK OF AMERICA N.A. , Attorney XXXX XXXX XXXX XXXX or XXXX XXXX XXXX XXXX XXXX XXXX any value within this transaction. 

-Evidence that the statute of limitations on the debt has not expired. 

-BANK OF AMERICA N.A . 's daily transaction report log for the original applications the day signed. 

-A wet contract showcasing a binding legal agreement between ( my name ), Attorney XXXX XXXX XXXX XXXX or XXXX, XXXX, & XXXX XXXX XXXX 

-BANK OF AMERICA N.A . 's public and private ledger for both accounts in question Imposition of Fines for Non-Compliance In light of Attorney XXXX XXXX XXXX, BANK OF AMERICA XXXX, and XXXX, XXXX, & XXXX XXXX 's continued failure to comply, I am imposing fines of {$100000.00} for each day beyond the initial five-day period that the disclosure remains outstanding. These fines will accrue in perpetuity until I receive the requested disclosure or the commencement of federal and state adjudication. 

Legal Basis for Request I remind you that under 15 United States Code 1692g, 15 United States Code 1692e, and 15 United States Code 1692f of the FDCPA, and Florida Statutes Section 559.72, you are legally obligated to provide the requested disclosure and ensure the accuracy of the debt. Your failure to do so infringes on my consumer rights. It also showcases Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX 's willful non-compliance and gross negligence, violating these statutes. 

Additionally, your conduct appears to violate several rules set by the Florida Bar, including, but not limited to : Rule XXXX : Truthfulness in Statements to Others for failing to make truthful statements regarding the disclosure. 

Rule XXXX - Competence : Failing to provide full disclosure and accurate information demonstrates a lack of competence. 

Rule XXXX - Diligence : The failure to respond within the granted time frame indicates a lack of diligence. 

Rule XXXX - Expediting Litigation : Your non-compliance hinders the expeditious resolution of this matter. 

Rule XXXX - Misconduct : Engaging in conduct that is prejudicial to the administration of justice, including failure to adhere to legal obligations and provide truthful, complete information. 

Prohibition on False Statements ( Rule 4-4.1 ( a ) ) : Lawyers must not knowingly make false statements of material fact or law to third persons during client representation. 

Obligation to Disclose ( Rule 4-4.1 ( b ) ) : Lawyers must disclose material facts to third persons when necessary to avoid assisting a client 's criminal or fraudulent acts unless prohibited by confidentiality rules ( Rule 4-1.6 ). 

No Affirmative Duty to Inform : While there is no general duty to inform opposing parties of relevant facts, misrepresentation is still prohibited. 

Misrepresentation : Misleading statements or omissions that could be equivalent to false statements are not allowed. 

Crime or Fraud by Client ( Rules 4-4.1 ( b ) & 4-1.2 ( d ) ) : Lawyers must not assist in a client 's criminal or fraudulent behavior and may need to disclose information to avoid complicity, depending on the situation and applicable laws. 

Deadline for Compliance Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX are operating in default and accruing fines daily until they satisfy my demand for the items requested for disclosure. With this in mind, I am granting Attorney XXXX XXXX XXXX til Friday, XX/XX/year>, to fulfill my demand for disclosure. Should Attorney XXXX XXXX XXXX fail to comply by this deadline, I will have no choice but to take further legal action, including but not limited to : File complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Florida Attorney General 's Office. 

Submit a formal public complaint to The Florida Bar regarding Attorney XXXX XXXX XXXX and XXXX, XXXX, & XXXX XXXX. 's unethical, unlawful, and fraudulent conduct. 

Initiate legal action in state and federal court to seek damages, including but not limited to emotional distress, statutory damages, and attorney fees. 

Request an audit with the Internal Revenue Service ( IRS ) using forms XXXX and XXXX to investigate the unlawful practices of Attorney XXXX XXXX XXXX XXXX BANK OF AMERICA N.A. , and XXXX, XXXX, & XXXX XXXX XXXX 

This affidavit of truth is evidence of Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX 's continued non-compliance and my attempts to resolve this matter amicably. I urge Attorney XXXX XXXX XXXX to take this notice of default seriously and provide the requested lawful disclosure immediately. 

All correspondences from Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX must arrive via the United States Postal Service notarized under the penalty of perjury as per 28 United States Code 1746. 

Any correspondence from Attorney XXXX XXXX XXXX or XXXX, XXXX, & XXXX XXXX that fails to follow my strict instructions will be deemed another gross violation of my consumer rights and a breach of the rules set by the Florida Bar. At this point, additional fines will be imposed, in addition to the daily {$100000.00} penalty already levied, for Attorney XXXX XXXX XXXX, BANK OF AMERICA N.A., and XXXX, XXXX, & XXXX XXXX 's continued default and refusal to comply with federal and state consumer protection laws and privacy rights. 

Lastly, given that disclosure has been requested for two separate accounts ( # and # ), please be advised that the penalties and fines will be applied individually for each account. Consequently, each account will accrue penalties for non-compliance, leading to a cumulative total of fines. These damages accrued will reflect the individual penalties for both accounts, resulting in an increased overall sum due to failing to provide the required disclosures for each account separately and grossly violating my consumer rights. 

Attorney XXXX XXXX XXXX XXXX XXXX, XXXX, & XXXX XXXX will receive this affidavit of truth notarized under the penalty of perjury shortly.