Consumer complaint received 2025-07-29 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: MD

Complaint narrative:
Subject : Complaint Against Bank of America for Fraudulent Debt Collection Activity ( Account Ending in XXXX ) Dear Federal Trade Commission, I am writing to file a formal complaint against Bank of America for what I believe to be fraudulent debt collection activities related to an account ending in XXXX. 

On XX/XX/XXXX, I received a settlement offer email from Bank of America concerning a charged-off account. The email stated that my current balance on account XXXX is {$5300.00} and offered a settlement amount of {$2600.00}, which is 50 % of the current balance owed. This settlement was offered with the option to divide payments over a period of up to XXXX  months. The email further stated, " Although the account ( s ) has been charged off, you're still responsible for paying the outstanding balance ''. 

However, the same email, under the " Important tax information '' section, clearly states : " The law limits how long you can be sued on a debt. Because of the age of your debt, we will not sue you for it. We will also not consider any payments you make under this offer as extending or restarting the time we have to file a lawsuit ''. 

My TransUnion credit file, generated on XX/XX/XXXX, shows that the account, " BK OF AMER '' ( account type : Revolving account ), was opened on XX/XX/XXXX, and is currently " Charged off as bad debt ''. The balance was updated on XX/XX/XXXX, showing {$5300.00}. The last payment date recorded is XX/XX/XXXX. 

Similarly, my Equifax credit file, also generated on XX/XX/XXXX, lists an account with " BANK OF AMERICA '' ( account number XXXX, account type : Revolving ) as " Charge-off ''. This account was opened on XX/XX/XXXX, and the status was updated in XX/XX/XXXX. The balance is {$5300.00}, updated on XX/XX/XXXX, with the last payment date recorded as XX/XX/XXXX. The payment history on Equifax shows a consistent " CO '' ( Charge off ) status from XX/XX/XXXX through XX/XX/XXXX. 

Given that Bank of America explicitly stated that they " will not sue you for it '' due to the age of the debt, their continued attempts to collect on this debt, even offering a settlement, appear to be misleading and potentially fraudulent. They are seeking payment on a debt for which they have no legal recourse to sue, yet they are presenting it as an outstanding obligation I am " still responsible for paying ''. This practice constitutes deceptive collection activity, as it implies a legal obligation to pay when, by their own admission, the statute of limitations for legal action has expired.

I request that the FTC investigate Bank of America 's collection practices concerning this charged-off debt. It is imperative to prevent companies from exploiting consumers by attempting to collect on time-barred debts without clearly disclosing the lack of legal enforceability. 

Sincerely, XXXX XXXX

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