Consumer complaint received 2024-02-26 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: GA

Complaint narrative:
I DID NOT GIVE THESE SAID COMPANIES [ BANK OF AMERICA & XXXX XXXX XXXX XXXX WRITTEN CONSENT TO PUBLISH TO THE CONSUMER REPORTING AGENCIES : XXXX, XXXX, AND XXXX. THEY BROKE THE LAW WHICH STATES : 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) The 15 U.S. Code 1681 outlines Congressional findings and the purpose behind regulations governing credit reporting. It emphasizes the need for fairness, accuracy, and respect for consumer privacy in credit reporting practices. Key points include : Congressional Findings : Recognizes the importance of ensuring consumer reporting agencies operate fairly, impartially, and with respect for consumer privacy. 

Purpose : Requires consumer reporting agencies to adopt reasonable procedures to meet commerce needs for consumer credit, ensuring fairness and equity to consumers regarding confidentiality, accuracy, relevancy, and proper utilization of information. 

Definitions : Defines " consumer reporting agency '' as entities regularly engaged in assembling or evaluating consumer credit information for third-party consumer reports. 
Defines " consumer '' as an individual. 
Defines " consumer report '' as any communication by a consumer reporting agency bearing on a consumer 's credit worthiness, standing, capacity, character, reputation, or mode of living. 
Excludes reports containing solely transactional information between the consumer and the reporting entity. 
Permissible Purposes of Consumer Reports : Specifies circumstances under which consumer reporting agencies may furnish consumer reports, including with the consumer 's written instructions. 

Requirements Relating to Information Contained in Consumer Reports : Prohibits consumer reporting agencies from including certain adverse information in consumer reports, except as authorized. 

Identity Theft : Defines identity theft as fraud committed using another person 's identifying information without authorization. Emphasizes that any addition to a consumer report without written consent could be considered identity theft. 

Overall, the regulations aim to protect consumer privacy, ensure fair and accurate credit reporting practices, and prevent unauthorized additions to consumer reports, thereby safeguarding individuals from identity theft and unfair treatment. 

BANK OF AMERICA AND XXXX XXXX XXXX XXXX MUST BE REMOVED AND DELETED IMMEDIATELY FROM MY CONSUMER REPORTS THAT INTENTIONALLY HARM ANY OPPORTUNITIES AFFORDED TO ME UPON THE CONSTITUTION AS A CONSUMER. CIVIL PENALTIES WILL APPLY IF NOT REMOVED FROM ALL OF THE CONSUMER REPORTING AGENCIES. XXXX XXXX XXXX XXXX IS A 3RD PARTY AGENCY WHICH IS A FACTORING COMPANY ACCOUNT IN WHICH I NEVER SIGNED A CONTRACT WITH OR HAD AN ACCOUNT WITH. THIS IS AGAINST THE LAW. 


The Fair Credit Reporting Act, 15 USC 1681 section 602, underscores the importance of consumer reporting agencies conducting their responsibilities with fairness, impartiality, and respect for consumer privacy. As a consumer, I have the right to ensure my private information remains confidential, as supported by 15 USC 6801, which emphasizes financial institutions ' obligation to safeguard customer privacy. 

According to 15 USC 1681 section 604, consumer reporting agencies like XXXX and XXXX can only furnish consumer reports with the written consent of the consumer. I have not provided such consent, rendering any information sharing unauthorized. Additionally, 15 USC 6802 outlines that financial institutions must inform consumers of their right to opt out of information disclosure to nonaffiliated third parties, which was not done by the institution providing information to credit agencies. 

Moreover, 15 USC 1681C prohibits consumer reporting agencies from including adverse information in reports without authorization, yet this has occurred. It's also stipulated in 15 U.S. Code 1681s2 ( A ) ( 1 ) that information must be accurate before furnishing it to consumer reporting agencies, and agencies must maintain reasonable procedures to avoid violations. XXXX and XXXX seem to be in violation of these regulations. 

Furthermore, as per 12 CFR 1016.7, consumers have the right to opt out of reporting services at any time, a right I am now exercising. Therefore, I am formally opting out of your reporting services.

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