Consumer complaint received 2025-05-16 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was paid
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
I am a XXXXXXXX XXXX XXXX father, grandfather, and great-grandfather who has always managed my credit and financial responsibilities with honor. I am filing this complaint against Bank of America for materially false, misleading, and defamatory credit reporting that has caused me emotional distress, financial harm, and personal humiliation all in violation of federal law. I am also notifying you of my intent to pursue legal action if this issue is not immediately resolved and the false information removed. 



First, Bank of America is reporting a charged-off account and falsely stating that I made a late payment. I dispute this in its entirety. I have never been late on this account, yet the derogatory status continues to be reported with XXXX verification and no correction. As such, I am formally demanding a TRAFFIC BLOCK under 15 U.S.C. 1681c-2, which requires that any disputed, unverifiable, or fraudulent information be blocked within four business days of receipt of a proper dispute. I meet all legal requirements under this statute, and yet the bureaus continue to report defamatory, unverified data. 



Under 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( i ), payment history is classified as transaction or experience data and can not be included in a consumer report unless it involves third-party intervention such as collections or legal action. There has been no such intervention on this account, meaning that the reporting of a late payment or derogatory status is unlawful and outside the boundaries of the Fair Credit Reporting Act. It is not only legally unjustified it is deeply damaging. 



Furthermore, the data being reported is riddled with factual errors and inconsistencies across XXXX XXXX and XXXX, in direct violation of 15 U.S.C. 1681e ( b ), which mandates that credit furnishers and credit reporting agencies maintain maximum possible accuracy. The open date of this account is inconsistently reported ( XXXX  says XX/XX/XXXX, while XXXX  and XXXX  both say XX/XX/XXXX ). The credit limit is shown as {$500.00} by XXXX  and XXXX, but {$0.00} by XXXX. The high balance is reported as {$4300.00} on XXXX, {$0.00} on XXXX, and {$420.00} on XXXX  wildly conflicting numbers for the same account. The last activity dates also vary : XXXX says XX/XX/XXXX, XXXX  reports XX/XX/XXXX, and XXXX  says XX/XX/XXXX. These inconsistencies demonstrate clear negligence or willful disregard for accuracy, which subjects both the furnisher and the reporting agencies to liability under FCRA 1681n and 1681o. 



Bank of America is also reporting this account as charged off, while simultaneously reporting a balance due. This is misleading. If the account was truly charged off and canceled, then Bank of America was legally required to issue me an IRS Form 1099-C for the canceled debt. I never received such a form. Under IRS regulations ( 26 CFR 1.6050P-1 ), the failure to issue a 1099-C either means the debt was not truly forgiven or Bank of America has failed in its federal tax reporting obligations. Either outcome confirms that the reporting of a charge-off and current balance is inaccurate, incomplete, and harmful.

Adding insult to injury, the three bureaus also report conflicting and contradictory reasons for the accounts closure. One says it was closed by the credit grantor, another says it was closed due to inactivity, and a third states it was charged off as bad debt. This is a material misrepresentation of the legal status of the account and further evidence of systemic inaccuracy and reckless data furnishing. 



I am a XXXX XXXX XXXX XXXX  XXXX. I have great-grandchildren who depend on me to model responsibility and resilience. To be defamed by false reporting, locked out of financing, and emotionally burdened by a record that does not reflect my conduct is deeply unjust. I am prepared to pursue all available legal remedies, including civil damages under FCRA and related statutes.

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