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: NC

Complaint narrative:
Dear Bank of America I am writing to you again in disbelief that Bank of America would deny its legal status as a consumer reporting agency ( CRA ) under the Fair Credit Reporting Act ( FCRA ). At this point, your contrary claims can only be characterized as a willful disregard for the unambiguous language and decades of case law interpretation of the FCRA. 

Let me reiterate in full detail exactly how Bank of America irrefutably qualifies as a CRA to avoid any possibility of further confusion or misrepresentation on your part : Under 15 U.S.C. 1681a ( f ), a CRA is defined as " 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. '' It is indisputable that Bank of America furnishes consumer credit data, including payment history and account balance information, to XXXX, XXXX, and XXXX on a regular basis. Furnishing such consumer reports to credit bureaus is considered " engaging ... in the practice of assembling or evaluating consumer credit information ... for the purpose of furnishing consumer reports. '' XXXX v. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ). 

Further, multiple circuit courts have affirmed that this definition of a CRA includes furnishers of information like XXXX. See, e.g., XXXX v. XXXX XXXX. XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ; XXXX v. XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX ( XXXX XXXX. XXXX ). 

To remove all doubt, the Federal Trade Commission 's ( FTC ) official commentary on the FCRA definition of a CRA explicitly states that furnishers of information, such as creditors, landlords, and employers, meet the definition : " they are CRAs and they must comply with all applicable requirements imposed by the FCRA and its implementing regulations. '' 16 CFR Part 600, Appendix. 

The inescapable truth is that by furnishing consumer data to XXXX, XXXX, and XXXX, XXXX XXXX in every sense " regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information... for the purpose of furnishing consumer reports '' and thus qualifies unequivocally as a CRA under 15 U.S.C. 1681a ( f ) with all attendant legal duties. 

To continue denying this legal reality exposes Bank of America to serious liability, including potential FTC enforcement actions and class action lawsuits. I urge you again to acknowledge the facts and remedy your non-compliance without further delay. My detailed outline of the law leaves no room remaining for doubt or excuse. Please advise how you intend to properly address my dispute in accordance with your FCRA obligations as a CRA.

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