Consumer complaint received 2026-04-05 00:00:00
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: FL

Complaint narrative:
CFPB COMPLAINT AGAINST BANK OF AMERICA For Violating a Written CeaseandDesist and Attempting to Collect a TimeBarred Debt Company : Bank of America , N.A . Issue : Debt collection continued communication after written ceaseanddesist ; collection of timebarred debt ; unfair practices Product : Credit card Account : BankAmericard Platinum Plus Mastercard ending in XXXX -- - 1. Summary of the Complaint Bank of America continued to contact me regarding an alleged credit card debt after I issued a written ceaseanddesist notice, and despite the debt being timebarred under Florida law. Their conduct violates : FDCPA 805 ( c ) ( 15 U.S.C. 1692c ( c ) ) continued communication after written notice to cease FDCPA 807 ( 15 U.S.C. 1692e ) misleading representations FDCPA 808 ( 15 U.S.C. 1692f ) unfair practices Regulation F, 12 C.F.R. 1006.26 ( b ) prohibits suing or threatening to sue on timebarred debt Florida Statute 95.11 ( 2 ) ( b ) 5year statute of limitations on credit card accounts Bank of America is the creditor, but when a creditor engages in collection activity, they must still comply with Regulation F and UDAAP standards ( unfair, deceptive, or abusive acts or practices ). -- - 2. Timeline of Violations I sent Bank of America a written ceaseanddesist notice instructing them to stop all communication. Despite this, Bank of America continued to send collection notices through their mobile app and attempted to induce payment. The debt is timebarred, and Bank of America can not sue, which they have acknowledged through their own conduct. Continuing to pressure me for payment on a timebarred debt after a ceaseanddesist is unlawful. -- - 3. Case Law Supporting My Complaint A. TimeBarred Debt Illegal to Sue or Threaten Suit Regulation F, 12 C.F.R. 1006.26 ( b ) explicitly states : A debt collector must not bring or threaten to bring a legal action against a consumer to collect a timebarred debt. Consumer Fin... Even though Bank of America is the creditor, the CFPB has repeatedly held that creditors can not engage in deceptive or unfair practices, including implying enforceability of a timebarred debt. B. Case Law : Collecting on TimeBarred Debt Is Misleading Courts consistently hold that attempting to collect a timebarred debt without clear disclosure is deceptive : XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX ( XXXX XXXX. XXXX ) The court held that attempting to collect a timebarred debt without disclosure is misleading under XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Cir. XXXX ) A collection letter on a timebarred debt can mislead the consumer into believing the debt is legally enforceable. These cases establish that any communication that pressures payment on a timebarred debt can violate the FDCPA. C. Case Law : Continuing Communication After XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Continued communication after a written ceaseanddesist violates XXXX ( c ). XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX Cir. XXXX ) Reinforces that any communication after a ceaseanddesist is unlawful unless it falls under narrow exceptions. XXXX XXXX XXXX : Defending Against a Lawsuit You Should Never Have Faced Is Injury XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX. XXXX ) The court held that being forced to respond to an improper collection action is a concrete injury. This supports the argument that any pressure to pay a timebarred debt is harmful. NCLC Digital... -- - 4. Violations by Bank of America 1. Violation of FDCPA 805 ( c ) Continued Communication After CeaseandDesist Bank of America continued to send collection notices through the app after I instructed them to stop. 2. Violation of Regulation F 1006.26 ( b ) TimeBarred Debt The debt is past the statute of limitations, and Bank of America can not sue. Continuing to pressure payment is misleading and unfair. 3. Violation of FDCPA 807 Misleading Representations By continuing to send payment demands, Bank of America implies the debt is enforceable. 4. Violation of FDCPA 808 Unfair Practices Attempting to collect a timebarred debt after a ceaseanddesist is inherently unfair. 5. UDAAP Violations Under the CFPB Act, creditors can not engage in unfair or deceptive acts, including : Misrepresenting legal enforceability Ignoring a ceaseanddesist Pressuring payment on a stale debt -- - 5. What I Am Requesting From the CFPB I request that the CFPB require Bank of America to : 1. Cease all collection activity immediately 2. Close and permanently cease reporting the account 3. Delete any negative credit reporting associated with this account 4. Provide written confirmation that the account is closed with no further collection attempts 5. Acknowledge the ceaseanddesist violation and timebarred status -- - If Bank of America does not resolve this matter, I am prepared to pursue litigation for violations of the FDCPA, Regulation F, and applicable Florida law. This is not a threat, it is a protected statement of intent and is fully appropriate in a CFPB complaint.

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