Consumer complaint received 2025-04-22 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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXTo:  \XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXSubject: Dispute of Unauthorized Hard Inquiry and Identity Theft (XXXX XXXX XXXX Incident)  \n\nTo Whom It May Concern:  \n\nI am writing to formally dispute an unauthorized hard inquiry that appears on my XXXX  credit report. This inquiry was initiated by Bank of America on XXXX XXXX XXXX, without my knowledge or consent. I am requesting the immediate removal of this inquiry from my credit file due to its fraudulent and unauthorized nature.  \n\n**Incident Summary:** XXXX On XXXX XXXX XXXX, at approximately XXXX XXXX EST, I contacted Bank of Americas Business Credit Card Department.  \n- I spoke with a representative identifying himself only as XXXX  (phone: XXXX)XXXX XXXX XXXX refused to provide his last name or employee ID, claimed he was the department head, and insisted that no supervisor was available.  \n- Immediately following this call, I received a credit breach alert notifying me of a hard inquiry made on my XXXX  credit file by Bank of America.  \n- I did not authorize this inquiry, nor did I consent to any credit check during that call. No application for credit was made, and I was not informed that my credit would be accessed.  \n\n**Violations of Law:**  \n\nThe unauthorized hard inquiry violates the **Fair Credit Reporting Act (FCRA)**, which requires that credit inquiries only occur with consumer consent or for a permissible purpose (15 U.S.C.  1681b). In this case, no such consent or purpose existed.  \n\nAdditionally, this action may constitute **identity theft** under the **Identity Theft and Assumption Deterrence Act (18 U.S.C.  1028)**, as my personal information was misused to access my credit report without authorization.  \n\n**Request for Action:**  \n\nI am requesting that TransUnion:  \n\n1. **Investigate this unauthorized inquiry** by Bank of America, dated XXXX XXXX XXXX XXXX **Remove (block) the inquiry** from my credit file in accordance with FCRA Section 605B (15 U.S.C.  1681c-2).  \n3. Provide **written confirmation** of the investigation outcome and removal of the inquiry.  \n4. Implement any **fraud alerts or security measures** necessary to prevent future unauthorized access to my credit file.  \n\nEnclosed are supporting documents, including a copy of my credit report showing the unauthorized inquiry and the credit alert I received. I am also prepared to provide an FTC Identity Theft Report upon request.  \n\nPlease respond to me in writing at the contact information provided above. I expect a resolution within the timeframes required under the FCRA.  \n\nThank you for your prompt attention to this matter.  \n\nSincerely,  XXXX XXXX  See ID attachedXXXX XXXX XXXX XXXX*****     PART II     *****XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXBank of America  Business Credit Card Underwriting Department  \nAttn: Department Manager XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXSubject: Formal Complaint Regarding Unauthorized Credit Inquiry and Identity Misuse (XXXX XXXX XXXX Incident)  \n\nDear Sir or Madam,  \n\nI am submitting a formal dispute and complaint regarding an unauthorized hard credit inquiry made by Bank of America on XXXX XXXX XXXX, and potential misuse of my personal information by a Bank of America employee who called himself "XXXX  (Refused to provide last name when asked)", "Head of the department", "The boss".  \n\n**Incident Summary:**  \n\n- On XXXX XXXX XXXX, at approximately XXXX XXXX  EST, I contacted Bank of Americas Business Credit Card Department (phone: XXXX).  \n- I spoke with a representative who identified himself only as XXXXXXXX XXXX XXXX  denied my request for a fair, objective reconsideration of creditXXXX XXXX became rude, refused to provide his last name or employee ID, and claimed he was the department head with no supervisor available.  \n- I suspect that XXXX  may have been discriminating against my race/ethnicity, age, and/or gender.\n- Immediately after this call, I received a credit breach alert showing that a hard inquiry had been made on my XXXX  credit report by Bank of America.  \n- I did not authorize or consent to this inquiry. I did not apply for any new credit, and XXXX  did not inform me that my credit report would be accessed.  \n\n**Violations of Law:**  \n\nThis unauthorized credit inquiry violates the **Fair Credit Reporting Act (FCRA)**, which mandates that credit checks require explicit consumer consent or a permissible purpose (15 U.S.C.  1681b). This inquiry was performed without either.  \n\nAdditionally, misuse of my personal information may constitute **identity theft** under the **Identity Theft and Assumption Deterrence Act (18 U.S.C.  1028)** and breaches your obligations under the **Gramm-Leach-Bliley Act (GLBA)** to safeguard customer information.  \n\nThis may also violate **Georgias Identity Fraud statute** (O.C.G.A.  16-9-121), which criminalizes the unauthorized use of anothers identifying information.  \n\n**Request for Action:**  \n\nI formally request that Bank of America:  \n\n1. Conduct a **full investigation** into this incident, including reviewing call logs and system access related to XXXX  (Refused to provide last name) on XXXX XXXX XXXX XXXX **Contact XXXX** to have the unauthorized hard inquiry removed from my credit file.  \n3. Take **disciplinary action** against the employee involved, including retraining or termination if warranted.  \n4. Provide **written confirmation** of the investigation findings, inquiry removal, and corrective actions taken.  \n\nEnclosed are copies of the credit alert and credit report showing the unauthorized inquiry.  \n\nPlease provide a formal written response within 30 days to the contact information listed above. If this matter is not resolved satisfactorily, I am prepared to escalate it to the farthest extent of the law.  \n\nThank you for your prompt attention.  \n\nSincerely,  XXXX XXXX XXXX XXXX XXXXAccount Number: XXXX 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 non-monetary relief