Consumer complaint received 2026-04-06 00:00:00
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
Complaint Narrative : Bank of America has failed to resolve the compliance issues raised in my prior complaint involving its XXXX collection vendor, XXXX XXXX. XXXX admitted that it was collecting on Bank of Americas behalf and that it sent an email communication on XX/XX/XXXX. My ceaseanddesist request was received before it was processed on XX/XX/XXXX, meaning the XX/XX/XXXX communication occurred after Bank of America and its agent were on notice. Under FDCPA XXXX ( c ), a debt collector must cease communication upon notice. As the creditor and principal, Bank of America is jointly responsible for ensuring its agents comply with federal law. Bank of America has also failed to provide documentation showing that the required timebarred debt disclosure under Regulation XXXX ( XXXX CFR XXXX ) was provided in a timely and compliant manner. XXXX response did not state when the disclosure was first provided, nor did it deny that earlier communications omitted it. Federal appellate courts have repeatedly held that attempting to collect a timebarred debt without clear disclosure is deceptive and violates the FDCPA. See : XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) These cases establish that silence or ambiguity regarding timebarred status is deceptive as a matter of law. Bank of America has not provided any evidence that its agent complied with these requirements. Under the FCRA, once a consumer disputes an account, the furnisher must conduct a reasonable investigation and delete any information that can not be verified. See 15 U.S.C. 1681s2 ( b ). Courts have held that a furnisher can not avoid liability by outsourcing activity to a XXXX vendor. See XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ). Because XXXX was acting as Bank of Americas agent, Bank of America is jointly responsible for ensuring that all collection and furnishing activity is lawful. Bank of America has not provided : ( XXXX ) the date the timebarred disclosure was first provided ; ( XXXX ) documentation showing compliance with FDCPA XXXX ( c ) after my ceaseanddesist notice ; ( XXXX ) evidence that the account information being furnished is accurate and complete; or ( XXXX ) any verification supporting continued reporting of this account. Because Bank of America has failed to verify the accuracy and legality of the information being furnished, the FCRA requires deletion. Furnishers must delete disputed information that can not be verified or substantiated. Bank of Americas failure to provide documentation suggests that the information being furnished is inaccurate, incomplete, or unverifiable. I request that the CFPB require Bank of America to delete the account from all consumer reporting agencies pursuant to its obligations under FCRA XXXX ( XXXX ). -- -

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation