Consumer complaint received 2024-12-24 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 filing this complaint due to the mishandling of an alleged debt tied to identity theft and fraudulent activity. Despite multiple requests for verification and documentation of the debt under the Fair Debt Collection Practices Act ( FDCPA )XXXX XXXX XXXX XXXX XXXX, and Bank of America have failed to provide adequate responses, while their actions raise serious concerns of procedural violations, negligence, and potential fraud. The key points of my complaint are as follows : 1. Failure to Verify Debt Properly ( FDCPA Violation ) : I sent a debt validation request on XX/XX/XXXX, to XXXXXXXX XXXX XXXX XXXX XXXX XXXX  The response received five months later ( on XX/XX/XXXX after the identity theft was known to take place ) consisted only of boilerplate statements and failed to meaningfully address my concerns or validate the alleged debt. 
Over the course of the case, XXXXXXXX XXXX XXXX XXXX XXXX XXXX provided 300+ pages of statements on five occasions, which do not meet the legal standards for validation as outlined under 15 U.S.C. 1692g ( b ). These responses have been insufficient to confirm the legitimacy of the alleged debt.

No sworn affidavit or detailed declaration about the alleged debt was provided, despite repeated requests. 
XXXX. Evidence of Fraud and Identity Theft : Bank of America has confirmed fraudulent activity on the Visa account ending in XXXX and its associated checking account. 
On XX/XX/XXXX, an unauthorized charge to revert the alleged funds from the account ending in XXXX back to the associated checking account, which Bank of America confirmed as fraudulent. A case number ( XXXX ) was provided by their fraud department. There has also been fake disputes sent to me since this transaction has taken place Despite this, XXXX XXXXXXXX XXXX XXXX XXXX  XXXX and Bank of America have failed to investigate or resolve this fraud claim adequately. 
XXXX. Procedural Irregularities : Improper Service : XXXXXXXX XXXX XXXX XXXXXXXX. letter dated XX/XX/XXXX, letter raises significant procedural concerns. It references service on XX/XX/XXXX on the docket, despite legal proceedings being paused at that time. Furthermore, it cites a XX/XX/XXXX, notice referencing a docket number, yet I was not served or informed of any impending lawsuit prior to filing my appearance on XX/XX/XXXX. These discrepancies highlight a lack of proper notice and service, possibly violating procedural fairness and undermining the validity of their claims. 

Falsified Documents : XXXXXXXX XXXX XXXX XXXX XXXX  XXXX submitted an altered version of a Bank of America notice ( XXXX XXXX ) in their motion to strike XXXX XXXX XXXX. This document redacted critical details, including claim numbers, and falsely implied I initiated disputes with Bank of America. This document contradicts Bank XXXX XXXX statements confirming I made no such disputes. 

Misrepresentation of Facts : XXXX XXXX XXXX XXXX XXXX XXXX falsely claimed I disputed the alleged debt twice in XX/XX/XXXX, which was refuted by Bank of America. XXXX XXXX XXXX XXXX affidavit ( XXXX XXXX  ) also contains inconsistencies, including incorrect dates and procedural disposition inaccuracies. 

4. Collusive Fraud Allegations : The failure of XXXX XXXX XXXX XXXX XXXX XXXX and Bank of America to communicate effectively, investigate fraud claims, or provide meaningful responses raises concerns of potential collusion. 
Both parties failed to address clear evidence of fraud, and their responses redirect responsibility back and forth without resolution, leaving me vulnerable to ongoing harm.

5. Harm Experienced : Emotional and Financial Stress : The mishandling of this case, including the failure to address fraud and procedural irregularities, has caused significant emotional distress and financial uncertainty.

Credit Impact : Fraudulent activity and unresolved disputes have negatively impacted my credit report, with inaccurate notations such as " Consumer disputes after resolution '' appearing on my file. 

I have attached the following evidence to support my complaint. 
Bank of America Fraud Confirmations : Including case numbers and transcripts of calls with representatives XXXX ( XX/XX/XXXX ) and XXXX ( XX/XX/XXXX ). 
XXXX XXXX ( Altered Document ) : Evidence of the falsified document submitted by XXXX XXXX XXXX XXXX XXXX XXXX 
Timeline of Events : Demonstrating the delay, miscommunication, and procedural failures. 
A copy of the postage in which XXXX XXXX XXXX  XXXX sent the allegations to respond by in what appears to be sent out very late.

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