Consumer complaint received 2024-08-10 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: RI

Complaint narrative:
Every month, Bank of America has been furnishing incorrect, inaccurate, incomplete and unverifiable information to my consumer profile and I have made them aware of this for the past 7 months since XX/XX/XXXX. This is regarding the credit account # ending in XXXX that was charged off in XX/XX/XXXX. On XX/XX/XXXX, I sent a letters to the consumer reporting agencies requesting an investigation into the accuracy of this account which they then forwarded to Bank of America, who then had the LEGAL OBLIGATION to conduct the investigation. 

In the letter, I specified areas of inaccuracies that I had identified such as the payment history and account status. The FCRA ONLY ALLOWS up to 30 days for this initial investigation. I demanded that if the consumer reporting agencies were unable to verify the account as accurate and complete, then they should then delete this account from my profile. Also for Bank of America to cease from furnishing this account! 

The consumer reporting agencies responded back by updating the account information as verified by Bank of America. Then on XX/XX/XXXX, I sent the the consumer reporting agencies a method of verification letter in which I requested account level documents from the data furnisher ( Bank of America ) and further proof of their verification/validation method. I again asked for the consumer reporting agencies to delete the account if they were not able to verify the information within the 15 day window that is allowed by the FCRA for this second verification/reinvestigation period. The consumer reporting agencies did NOT respond back within the 15 days, which is a VIOLATION of the FCRA! Neither did Bank of America provide them any documents to verify their method of their investigation. 

So around XX/XX/XXXX, which was well over 90 days since my initial letter was sent, I sent a complaint via the CFPB requesting that the account be deleted because the CONSUMER REPORTING AGENCIES AND BANK OF AMERICA FAILED TO PROVIDE ME WITH THE METHOD OF VERIFICATION/VALIDATION WITHIN THE 15 DAY PERIOD ALLOWED BY THE FCRA! Around XXXX, XXXX, the account seemed to have been removed by the consumer reporting agencies which led to a significant FICO score increase. 

But then it was evident that the account was reinserted days later and updated as verified by the consumer reporting agencies. They responded in their online portal and stated that Bank of America had verified the information as accurate and complete. But HOW CAN THE ACCOUNT BE verified as accurate when the original date opened was XX/XX/XXXX but there is NO PAYMENT HISTORY REPORTING until XXXX XXXX XXXX? How is the payment history accurate when the last payment date is showing as XX/XX/XXXX as well as XX/XX/XXXX? How is the payment history accurate when every month, they keep updating my account as charged off, which is re-aging my profile, which is illegal. 

It is now XX/XX/XXXX and the BOA charge off with account # XXXX is still being reported to my consumer profile! And there is still inaccurate information being reported such as the payment history, account status and date of last payment! At this point, this is willful non-compliance and deliberate reporting of inaccurate information to my consumer profile which is yet another violation of my consumer rights which are protected under the FCRA! 

I DEMAND THAT BANK OF AMERICA STOP FURNISHING THIS ACCOUNT TO THE CONSUMER REPORTING AGENCIES BECAUSE THEY ALREADY FAILED TO PROVIDE THE REQUESTED METHOD OF VERIFICATION AND VALIDATION OF DEBT WITHIN THE TIMEFRAME ALLOWED BY THE FCRA SINCE XXXX AND XX/XX/XXXX! I ALSO WANT BANK OF AMERICA TO STOP FURNISHING THIS ACCOUNT TO MY PROFILE BECAUSE IT INDEED HAS BEEN PROVEN TO BE INCORRECT, INCOMPLETE, INACCURATE AND UNVERIFIABLE! I WANT THIS ACCOUNT PERMANENTLY DELETED FROM MY CONSUMER REPORTS AND I WANT BANK OF AMERICA TO STOP FURNISHING THIS ACCOUNT! 

If this account is not promptly DELETED from my consumer profile, then for damages, I will invoke my rights as a consumer pursuant to 15 USC 1681n Civil Liability for WILLFUL Noncompliance. If this account is not promptly DELETED then I will seek compensation for EVERY violation that has been found under the FCRA!

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