Consumer complaint received 2024-04-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
I am sending this request myself to address the inaccuracies on my Credit Reports relating to an adverse account ( showing as a closed account with Bank Of America ) .I have contacted XXXX several times, I have submitted a dispute with them directly several times, however they did not fix the error on my account. 
They have not complied with the Fair Credit Reporting Act, 15USC Section 1681i and are continuing to report unverified information, which now given all my attempts to address it directly, is willful negligence and non compliance with federal statutes. 
Bank Of America was not given permission to report any personal information with any nonaffiliated third party. I opted out of that over the phone, that was the avenue I was told would suffice. The adverse item on the report should not be on there in the first place. 
Secondly, the report itself is not consistent and incorrect. XXXX consumer report of a few weeks ago show XXXX late payments and the adverse item being on my account until XXXX. However, the most recent report shows XXXX late payments and the adverse item being on my account until XXXX. This in itself already shows the inaccuracy. I have not received information XXXX has used to base all this on either, nor the verification method. 
According to the Fair Credit Reporting Act 15 USC 1681 section 602 states There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
XXXX is a consumer reporting agency and I am the Consumer. 
I have the right to make sure my private information isn't shared, backed by 15 USC 6801 which states It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of those consumers nonpublic personal information. Bank of America is a financial institution by definition of that title. 
15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' Bank Of America, the financial institution and the Consumer reporting agency XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX and Bank Of America, whether it be verbal, non-verbal, written, implied or otherwise is revoked. 
15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Bank Of America never properly informed me of my right to exercise my nondisclosure option. Instead I instructed them over the phone that I opt out of any disclosures to third parties. I was told this would be sufficient to not disclose any information and was told my personal information would not be disclosed to any nonaffiliated third party. 
Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. 
15 U.S. Code 1681s-2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX is not maintaining reasonable procedures.

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