Consumer complaint received 2024-04-02 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
Under the Fair Credit Reporting Act ( 15 USC 1681 section 602 a ), it is emphasized that consumer reporting agencies must uphold their responsibilities with fairness, impartiality, and a regard for consumer privacy rights. Both XXXX and XXXX fall under the umbrella of consumer reporting agencies, while I, as the Consumer, retain the right to safeguard my private information, as reinforced by 15 USC 6801. This statute stipulates that financial institutions, including BANK OF AMERICA, are obliged to respect customer privacy and maintain the security of their nonpublic personal information. As per 15 USC 1681 section 604 a section 2, consumer reporting agencies like XXXX and XXXX can only furnish a consumer report with the explicit written instructions of the concerned consumer, which, in this case, has not been provided to BANK OF AMERICA or the aforementioned agencies. Therefore, any form of consent, whether verbal, non-verbal, written, or implied, is hereby revoked. Moreover, 15 USC 6802 ( b ) ( c ) mandates that a financial institution can not disclose nonpublic personal information to third parties without informing the consumer about their right to opt out of such disclosures. However, BANK OF AMERICA failed to provide me with information regarding my right to opt out. Additionally, according to 15 USC 1681C ( a ) ( 5 ), consumer reporting agencies are prohibited from including adverse items of information in a consumer report without authorization, particularly if they antedate the report by more than seven years. The accounts in question are adverse items being reported without my consent, thus violating the law. Furthermore, under 15 U.S. Code 1681s2 ( A ) ( 1 ), it is unlawful to furnish inaccurate information to consumer reporting agencies, and every consumer reporting agency is required to implement reasonable procedures to prevent violations of reporting restrictions. However, XXXX and XXXX are not adhering to these standards. Lastly, 12 CFR 1016.7 grants consumers the right to opt out of reporting services at any time, a right I am exercising now. BANK OF AMERICA, XXXX, and XXXX are in violation of several federal consumer laws including the PRIVACY ACT OF XXXX. I REPEAT, Effective immediately and indefinitely, as a federally protected consumer under the FCRA, I am hereby opting out of any and all authorization, whether written, unwritten, verbal, or non-verbal, pursuant to 15 U.S. Code 6802. Reporting transaction history is ILLEGAL. I AM DEMANDING BANK OF AMERICA, XXXX AND XXXX TO REMOVE ANY AND ALL DEROGATORY REMARKS REPORTING TO MY CREDIT PROFILE TO ALL CONSUMER REPORTING AGENCIES IMMEDIATELY AND MARK PAID AS AGREED. BANK OF AMERICA, XXXX AND XXXX HAVE SHARED MY PRIVATE INFORMATION AND TRANSACTION HISTORY WITHOUT MY CONSENT. Below I will communicate in full detail the violations that have been committed against me while citing the laws as they are written. BANK OF AMERICA, XXXX, and XXXX are in violation of 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 15 U.S. Code 6802 ( b ) opt out states, ( 1 ) In general, A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) that the consumer is given an explanation of how the consumer can exercise that nondisclosure option. I WAS NOT GIVEN AN OPT OUT NOTICE FOR ANYTHING THAT WAS TO BE UPDATED TO MY CREDIT REPORTS FROM ANY ONE OF THESE AGENCIES AND I HAVE THE RIGHT TO ENSURE THAT MY PRIVATE INFORMATION AND TRANSACTION HISTORY IS NOT SHARED! Per 15 U.S. Code 6801 It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers information. I have the right to ensure that my private information is NOT SHARED and BANK OF AMERICA, XXXX and XXXX are sharing my financial information in my name and is in direct violation. Congress also states in subsection ( 3 ) of 15 U.S. Code 6801 that these institutions must : protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. BANK OF AMERICA, XXXX, and XXXX are in absolute violation of this law because they have caused me extreme harm and many inconveniences by unlawfully sharing derogatory information in my name with third parties without my knowledge and/or consent! BANK OF AMERICA, XXXX and XXXX are in violation of the Privacy Act of XXXX ( 5 U.S. Code 552a ) ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; BANK OF AMERICA, XXXX and XXXX have not only violated the FCRA but also the Privacy Act of XXXX. BANK OF AMERICA, XXXX and XXXX need prior written consent and instruction from me, and I do not consent. BANK OF AMERICA, XXXX, and XXXX are in violation of 12 CFR PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. BANK OF AMERICA is in violation of 12 CFR 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, BANK OF AMERICA is in violation of 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( i ) Duration of consumer 's opt out direction. A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. BANK OF AMERICA is also in direct violation of 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer. ( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4. ( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically. ( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customers opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. BANK OF AMERICA is also in direct violation of 16 CFR 313.8 - Revised privacy notices. ( a ) General rule. Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under 313.4, unless : ( 1 ) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices ; ( 2 ) You have provided to the consumer a new opt out notice ; ( 3 ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( 4 ) the consumer does not opt out. ( b ) Examples ( 1 ) Except as otherwise permitted by 313.13, 313.14, and 313.15, you must provide a revised notice before you : ( i ) Disclose a new category of nonpublic personal information to any nonaffiliated third party ; ( ii ) Disclose nonpublic personal information to a new category of nonaffiliated third party; or ( iii ) Disclose nonpublic personal information about a former customer to a nonaffiliated third party if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure. ( 2 ) A revised notice is not required if you disclose nonpublic personal information to a new nonaffiliated third party that you adequately described in your prior notice. BANK OF AMERICA, XXXX and XXXX are also in violation of 15 U.S. Code 1681 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see there is a need to protect your right to privacy. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal!!!! BANK OF AMERICA, XXXX, and XXXX are in direct violation of 15 U.S. Code 1681b - Permissible purposes of consumer reports BANK OF AMERICA, XXXX, and XXXX are in direct violation of 15 U.S. Code 1681c which clearly outlines the requirements relating to information contained in consumer reports. 1681c ( a ) states this : Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Subsection ( 5 ) states that : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. Yet another violation, because XXXX, XXXX and BANK OF AMERICA are reporting adverse items, and it is being reported without my permission. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general, Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; BANK OF AMERICA, XXXX, and XXXX are in violation of several federal consumer protected laws. I would like to settle this amicably and invoice BANK OF AMERICA, XXXX and XXXX for violations committed instead of actual damages I have incurred that if pursued would amount to a much greater amount. These laws must be enforced by the Consumer Financial Protection Bureau as stated in : 15 U.S. Code 6805 ( a ) Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.

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