Consumer complaint received 2024-05-30
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 (NJ)

I am filing a formal complaint against Bank of America for violations of my consumer rights. Bank of America failed to provide me the opportunity of opting out before sharing my personally identifiable financial information with third parties, including other financial institutions and consumer reporting agencies, which is a violation of both my Federal ( Gramm-Leach-Bliley-Act ) and NJ State ( NJ Data Protection Act ) rights. I notified Bank of America that I did not consent to them sharing my private information with third parties. Bank of America responded that they had a right to share my personally identifiable financial information per the Bank of America Privacy Policy and Privacy Notice. However, this notice states that : "... personally identifiable financial information collected by financial institutions ( like Bank of America ), as that information is subject instead to other federal privacy laws ( like the Gramm-Leach-Bliley-Act ( GLBA ) ). '' " For New Jersey Residents : We will not share information we collect about you with non-affiliated third parties, except as permitted by New Jersey law, such as to process your transactions or to maintain your account ''. I have never signed any contract or given Bank of America permission to share or sell my nonpublic personal information or account to another financial institution. I have asked Bank of America for the full accounting on this account, including specific documentary evidence signed by an accountant representative, so that I can clarify who actually funded the account and the true amount owing. Bank of America has failed to provide this accounting information and only sends me a copy of the Promissory Note, and which evidences multiple violations of the Truth in Lending Act ( TILA ). I clearly stated in my most recent notices to Bank of America that all mail must be sent to a specific address, and " any mail sent to any other address for me will be deemed inconvenient and an invasion of privacy. '' Despite this, Bank of America continues to send mail to an address which is inconvenient for me to receive mail at. Federal law defines identity theft as " a fraud committed using the identifying information of another person '' ( 15 USC 1681a ( q ) ( 3 ) ). Bank of America is committing identity theft against me by sharing my personally identifiable financial information to third parties without my legally obtained consent in order to deprive me of my rights under color of law ( 18 USC 242 ) and to collect on extensions of credit by extortionate means ( 18 USC 894 ). Pursuant to the GLBA, and NJDPA, the consumer shall be provided a reasonable opportunity prior to the disclosure of nonpublic personal information to direct that nonpublic personal information not be disclosed. A consumer may direct at any time that his or her nonpublic personal information not be disclosed. This contract has an aim to commit identity theft, deprive me of my rights, and extort payments out of me. The Promissory Note violates TILA, UCC, and COM. I have never signed any agreement with and is in possession of my personally identifiable financial information by way of identity theft. The contract/Promissory Note is void and unenforceable, with potential damages due to me for violations of the FCRA, TILA, UCC, COM, and New Jersey consumer protection statutes.