Consumer complaint received 2024-12-14 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: IL

Complaint narrative:
I am writing to formally dispute the accuracy and completeness of the information being reported about my Bank of America account ending in XXXX, including the alleged amount of XXXX, as permitted under the Fair Credit Reporting Act ( FCRA ). 
This account is inaccurate and associated with identity theft. Specifically : 1. False credit disputes beginning in XX/XX/XXXX have been made in connection with this account, apparently to manipulate the alleged, unverified alleged debt back onto the associated checking account for financial gain. 
2. The alleged debt is unknown as to how it occurred, and still unverified at this time of writing. 
3. On my XXXX credit report, the account contains a " Resolved '' Fair Credit Billing Act ( FCBA ) dispute notation, despite me never filing a dispute under FCBA.

4. On my XXXX credit report, a " Consumer disputes after resolution '' comment has been added, even though no true resolution was reached, as the fake disputes were never adequately investigated by Bank of America despite my multiple written requests.

5. The account is not notated as being in litigation across XXXX XXXX, XXXX, XXXX and XXXX, which it currently is. 
Bank of America has not acknowledged suspicious activity related to this account that I did not initiate nor did XXXX and XXXX XXXX. their attorneys. Despite this, my attempts to address these issues directly with Bank of America and their legal representatives, XXXX and XXXX XXXX, have resulted in repeated delays and insufficient action. XXXX and XXXX have agreed to pause legal proceedings pending further investigation, but the negative impact on my credit continues. I have also called XXXX times requesting the last contract on XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX, I had under this account. This of which still has not been sent to me, and with the first XXXX requests being past 30 days of not receiving. Also, in the first CFPB complaint I did - XXXX in XXXX the accurate reporting letter sent to me was in error as I never did this dispute on the alleged balance, nor this account directly to Bank of America , nor have I did a dispute on the alleged balance, and account in XX/XX/XXXX to return all alleged charges to the associated checking account. Twice this year, I have requested a sworn affidavit or declaration in regards to the account both in XX/XX/XXXX via USPS, with tracking numbers to both Bank of America - XXXX XXXX XXXX XXXX XXXX XXXX and XXXXXXXX XXXX XXXXXXXXXXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX and, XX/XX/XXXX to Bank of America XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX. Both of which past 30 days to date in both requests from both companies after being shirked in regards to the identity theft. 
I have enclosed the following documents to substantiate my claims : 1. FTC Identity Theft Report.

2. Police Report and associated case number provided by Bank of America that is : XXXX. 
3. Illinois Attorney General Identity Theft Affidavit.

4. Correspondence between myself, Bank of America, and XXXX XXXX XXXXXXXX XXXX. 
5. The final checking account statement from Bank of America, the last XXXX card statement ( ending in XXXX ), and Bank of America notices showing fraudulent disputes on the account.

6. XXXX dispute information, along with XXXX and XXXX credit reports showing the aforementioned inaccuracies. 
7. A response from the Illinois Attorney General regarding this matter to XXXX XXXX XXXXXXXX XXXX. 
This situation of identity theft has caused significant harm to my reputation and credit health. The failure to investigate and resolve these inaccuracies constitutes negligence under the FCRA. 
I request the following actions from your agency : 1. Remove the Resolved FCBA notation and the Consumer disputes after resolution comment from my credit reports, as they are inaccurate and misleading.

2. Update the reports to reflect that I am actively disputing this account on this date of receipt, with supporting documentation provided.

3. Add a notation that this account is associated with identity theft.

4. Add a notation indicating that this account is currently in litigation.

5. The last contract I had with Bank of America as I still have not received it yet.

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