Consumer complaint received 2024-03-22 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
BANK OF AMERICA Credit card opened : XX/XX/XXXX Status : Account charged off. {$1.00}, XXXX written off. {$1.00}, XXXX past due as of XX/XX/XXXX. 

This account is damaging my report by reporting incomplete information and this is not my first time I have copies of this account reporting inaccurate information under FCRA 15 usc sec. 1681i ( a ) ( 5 ) unverifiable information.

is furnishing inaccurate and incorrect information to the Consumer Reporting Agencies. The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mood of living and my ability to obtain credit for personal and household Purposes. You and your inaccurate reporting have damaged my livelihood.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies.

( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors - A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

Define : DUTY- A moral or legal obligation ; a responsibility.

ACCURATE- Correct in all details ; exact.

PROHIBITION- A law or regulation forbidden something.

As Defined by The IRS Even if you didn't receive a form 1099 C you must report canceled debt as gross income on your tax Return.

The IRS clearly defines a charge off as gross or ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT! Which in fact makes your reporting of this account inaccurate.

By definition the IRS clearly says a canceled debt or charge off is income. The reporting of this The account as a debt is inaccurate. 15 USC 1681s-2 says you XXXX XXXX, company are a furnisher of information to a consumer reporting agency, You ARE PROHIBITED BY LAW to Furnish inaccurate information. I demand you to cease and desist the reporting of incorrect / inaccurate information IMMEDIATELY.

15 USC 1681s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

You are hereby put on NOTICE that you are furnishing incorrect, and inaccurate information.

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity, as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS 2021 publication, SEND ME MY FORM 1099- C that you should have sent when you filed this account as a canceled debt.

My address is listed above.

15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors - A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( B ) Reporting information after notice and confirmation of errors - A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

In conclusion I have shown you and you have been put on NOTICE that you are reporting inaccurate information. The information is, in fact, inaccurate. 
The continued reporting of this inaccurate information is a clear VIOLATIONof the law 15 USC 1681s-2 of your responsibilities as a furnisher of information.

You have caused me and my family server harm due to your negligence and inaccurate reporting. This is a FINAL opportunity to cure and delete this erroneous inaccurate read account from my consumer report.

Theres also inaccuracies in the reporting of late payments on my credit card account under the provisions of 15 USC 1666b ( a ) regarding the time to make payments. It has come to my attention that late payments have been reported despite the fact that your company has not adhered to the requirements outlined by the law. 
According to 15 USC 1666b ( a ), a creditor may not treat a payment as late unless reasonable procedures have been adopted to ensure that each periodic statement, including the information required by section 1637 ( b ), is mailed or delivered to the consumer no later than 21 days before the payment due date. I have not received any such notice within the specified timeframe, indicating that your company has failed to meet the legal requirements for reporting late payments.

In order to validate these errors and ensure compliance with the law, I am requesting the following documentation from your company : A copy of the original notice that your company sent within 21 days of the payment due date.

The notice pertaining to section 1637 ( b ) of the law, delivered before 21 days of the due date.

Proof of delivery or mailing of the notice at least 21 days before the due date.

Certification that all credit bureaus received accurate information regarding late payments, including a certified copy of any document stating that I was late on a specific day and no payment was made. 
Violated 15 usc 1637b ( 10 ) The address to be used by the creditor for the purpose of receiving billing inquiries from the obligor. ( I never received anything in mailed or got any mailed delivered. ) Violated 15 usc 1637 ( 11 ) ( iv ) a toll-free telephone number at which the consumer may receive information about accessing credit counseling and debt management services ( b ). I was never aware of this or your company didnt present this to me as a member as I should be treated as such. 
Your company is reporting XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, as late payments and if your company is reporting late for those days I want copies of the original notice that your company supposed to send out to members before 21 days of the due date and nothing was delivered or mailed to my address AT ALL and 15 usc 1666b ( a ) explained clearly about the guidelines.

Failure to provide the requested documentation would indicate a violation of my consumer rights by reporting inaccurate information. As mandated by law, any creditor or credit agency must report 100 % accurate information, and your company 's failure to meet the guidelines outlined in 15 USC 1666b raises serious concerns about the integrity of the reported information.

If the requested proof of documents can not be provided, it implies that there were no late payments from the beginning, and any credit agency reporting late payments may be a result of misleading or false reporting with late payments. I hereby request that all information be updated, modified, or deleted immediately in accordance with 15 USC 1681i ( 5 ) regarding the treatment of inaccurate or unverifiable information ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

I expect a prompt response to this matter and by law under 15 usc 1681 ( b ) content ( 8 ) Expedited dispute resolution the resolution of the inaccuracies on my credit report.

I am aware of my rights under the Fair Credit Reporting Act ( FCRA ) and request that this matter be investigated and resolved within the stipulated time frame. I am enclosing copies of relevant documents supporting my claim and request for investigation.

Please investigate this matter at your earliest convenience and inform me of the results of your investigation. I appreciate your prompt attention to this matter and the correction of these inaccuracies on my credit report. 
Thank you for your time and cooperation in resolving this issue.

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