Consumer complaint received 2024-07-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: BANK OF AMERICA, NATIONAL ASSOCIATION (TX)

Please see attached DOCUMENTS. 

I am a victim of identity theft in the state of Texas, and I have been trying to resolve this issue with Bank of America for an extended period without success. Despite following all necessary steps and providing all required documentation, I am still being given the runaround. 

**Timeline of Events : ** XXXX. I called Bank of America 's Fraud Claims Department on XX/XX/year> at around XXXX XXXX  XXXX and spoke with XXXX. He advised me that the police report I previously provided was not on file. 
XXXX. I have previously filed a CFPB complaint and sent XXXX letters via certified mail with tracking receipts to Bank of America. Despite this, Bank of America is claiming they STILL never received these documents. 
XXXX. Bank of America has called me numerous times while I was at work. When I finally called back on my day off, they still had no resolution and claimed they NEVER received my information.

**Relevant Texas Consumer Identity Theft Laws : ** Under Texas consumer identity theft laws, victims are afforded certain protections and rights, including the prompt investigation and resolution of identity theft claims. Bank of America is failing to adhere to these laws by not properly handling my case, despite me providing all necessary information. 

This mishandling is not only unprofessional but also a clear violation of my rights as a consumer and a victim of identity theft under both state and federal laws. 

**Violation of Consumer Protection Laws** : 1. **Texas Business and Commerce Code - Identity Theft Enforcement and Protection Act** : This act mandates that businesses and financial institutions take prompt and adequate measures to address identity theft claims. Bank of Americas failure to acknowledge and properly handle my case is a direct violation of this act. 

2. **Fair Credit Reporting Act ( FCRA ) ** : The FCRA requires that upon receiving notice of identity theft, financial institutions must take specific actions to protect the victims credit and personal information. Bank of Americas repeated claims of not receiving my information, despite documented proof of submission, are in direct violation of these requirements.

3. **Fair Debt Collection Practices Act ( FDCPA ) ** : The FDCPA protects consumers from unfair and abusive practices by debt collectors. Bank of Americas numerous calls to me during work hours, coupled with their failure to resolve my issue, constitute harassment and are a violation of the FDCPA.

4. **Identity Theft and Assumption Deterrence Act ( ITADA ) ** : This federal law provides protections for victims of identity theft and mandates that financial institutions take appropriate actions to mitigate the effects of identity theft. Bank of Americas failure to act is a clear violation of this law.

I demand an immediate and thorough investigation into Bank of Americas handling of my identity theft case. I request that they : 1. Immediately locate and process the police report and other documents I have submitted. 
XXXX. Cease all harassing phone calls and provide a single point of contact for resolving my case. 
XXXX. Take appropriate actions to rectify the damage caused by their mishandling of my case and provide a written explanation of the steps taken to resolve my issue. 


**Attachments : ** - Police report and FTC report BOTH NOTARIZED! 
- Tracking receipts for certified mail - Government issued ID - Letter from Bank of America This situation is causing significant stress and inconvenience. Bank of America 's handling of my case is unacceptable, and I seek prompt intervention from the CFPB to ensure my issue is resolved.