Consumer complaint received 2026-04-07 00:00:00
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: TX

Complaint narrative:
CFPB COMPLAINT ENFORCEMENT LEVEL SUBMISSION Against : Bank of America Consumer : XXXX XXXX XXXX Location : XXXX, Texas SUBJECT : Fraudulent Debt Collection, Lack of Standing, False Credit Reporting, and Improper Litigation Conduct Involving Charged-Off Accounts Governed by Delaware Law PRELIMINARY STATEMENT This complaint is not a routine billing dispute. It is a request for formal regulatory investigation into unlawful debt collection practices, false credit reporting, and litigation misconduct by Bank of America ( BOA ). BOA has engaged in a pattern of conduct in which it : Disclaims ownership of alleged debts Initiates litigation anyway Obtains default judgments without admissible evidence Continues to report balances on charged-off accounts Fails to issue required tax documentation ( 1099-C ) Maintains contradictory positions across regulatory, judicial, and consumer communications This conduct reflects not mere error, but systemic non-compliance with federal law, Delaware governing law, and due process requirements. ACCOUNT IDENTIFICATION ACCOUNT 1 ( Ending * * * * XXXX ) Balance : {$6100.00} Credit Limit : {$5400.00} Status : Charged Off Date of First Delinquency : XX/XX/XXXX Reporting Through : XX/XX/XXXX Status : Closed Account / Active Balance ACCOUNT 2 ( Ending * * * * XXXX ) Balance : {$9800.00} Credit Limit : {$9400.00} Status : Charged Off Date of First Delinquency : XX/XX/XXXX Reporting Through : XX/XX/XXXX Status : Closed Account / Active Balance CORE VIOLATIONS 1. LACK OF STANDING / UNLAWFUL LITIGATION BOA explicitly informed me that it no longer owns the alleged debt. Despite this, BOA : Filed lawsuits in XXXX XXXX XXXX : Cause No. XXXX Cause No. XXXX Sought and obtained default judgments Continues to report the debt as owed to BOA A party that does not own a debt can not lawfully sue to collect it This is a fundamental jurisdictional defect. 2. FAILURE TO PRODUCE REQUIRED DOCUMENTS The court docket reflects BOA failed to produce : Original contract Account statements Chain of title Assignment documentation Business records affidavit These are mandatory elements to prove a debt claim under Texas Rule 508. The judgments were obtained without admissible evidence. 3. FALSE AND MISLEADING CREDIT REPORTING ( FCRA ) BOA continues to report : Closed accounts Charged-off debts Full balances as past due Monthly updates extending negative impact Violations include : Reporting past due after charge-off Reporting active balances on closed accounts Continuous monthly updates ( re-aging effect ) Failure to correct disputed information This violates 15 U.S.C. 1681s-2 ( FCRA accuracy and investigation requirements ) 4. CONTRADICTION MATRIX ( EVIDENCE OF MISCONDUCT ) BOA has taken mutually exclusive positions : Context BOA Position Consumer Communication Does not own debt Court Filing Claims ownership Credit Reporting Balance owed Tax Reporting No 1099-C issued These contradictions demonstrate : Misrepresentation Improper collection conduct Lack of lawful authority 5. FAILURE TO ISSUE IRS FORM 1099-C The accounts were : Charged off in XXXX Written off as bad debt However : No 1099-C has been issued Debt continues to be reported and enforced This creates a tax reporting conflict and suggests improper continued collection. 6. SECURITIZATION AND OWNERSHIP FAILURE BOA credit card accounts are governed by agreements subject to Delaware law and are commonly securitized into trusts such as : XXXX XXXX Credit Card XXXX II Legal consequence : BOA becomes a servicer, not owner XXXX retains ownership of receivables BOA has failed to produce : Pooling & Servicing Agreement Trust account schedules Repurchase documentation Trustee authorization Without these documents, BOA can not establish ownership or standing. 7. STATUTE OF FRAUDS/ CONTRACT FAILURE BOA has not produced : Signed agreement Authenticated contract Terms governing the alleged debt Without this, the debt is not legally enforceable 8. DUE PROCESS VIOLATION Default judgments were obtained : Without admissible evidence Without proof of ownership Without proper evidentiary foundation This constitutes a constitutional due process violation IMPACT TO CONSUMER As a result of BOAs actions : My credit score has been significantly harmed My debt-to-income ratio has been artificially inflated I have been subjected to unlawful litigation I have been denied fair dispute resolution LEGAL BASIS FOR ENFORCEMENT This complaint invokes violations of : Fair Credit Reporting Act ( 15 U.S.C. 1681s-2 ) Fair Debt Collection Practices Act ( where applicable conduct applies ) Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) Delaware contract and ownership law Due Process protections under federal law REQUEST FOR CFPB ACTION I respectfully request that the Consumer Financial Protection Bureau : Conduct a formal investigation into BOAs practices Require BOA to : Produce proof of ownership Provide complete account-level documentation Explain reporting methodology Order : Removal or correction of inaccurate tradelines Cessation of unlawful reporting and collection Investigate : Litigation practices involving default judgments without evidence Failure to issue 1099-C forms Impose any appropriate regulatory action or penalties FINAL STATEMENT This is not a matter of disputed factsit is a matter of legal impossibility. Bank of America has simultaneously denied ownership of the alleged debt while suing on it, reporting it, and enforcing it. It has done so without producing admissible evidence, without proving standing, and in contradiction to governing law. 1. BOA CONTRADICTION EXHIBIT ( CFPB / COURT VERSION ) REGULATORY ENFORCEMENT CHART VISUAL KILL SHOT Against : Bank of America Consumer : XXXX XXXX XXXX CORE CONTRADICTION MATRIX CATEGORY BOA POSITION EVIDENCE LEGAL VIOLATION Ownership We do not own the debt Direct communication No standing Litigation Filed lawsuits & obtained default XXXX docket Fraudulent litigation posture Credit Reporting Balance still owed to BOA XXXX FCRA violation Tax Reporting No 1099-C issued IRS requirement Improper debt status Account Status Closed / Charged Off Credit report Can not be past due Payment Status Past due XXXX Reporting data Misleading reporting VISUAL TIMELINE ( REGULATORY IMPACT ) EVENT DATE CONTRADICTION Charge-Off XXXX Debt written off BOA disclaims ownership Post-CO No legal right Lawsuit filed XXXX No standing Default judgment XXXX No evidence Reporting continues XXXX False balance REGULATORY FINDING BOA is simultaneously : Denying ownership Enforcing debt Reporting debt Avoiding tax discharge This is a UDAAP-level contradiction pattern JUDGE / CFPB TAKEAWAY A creditor can not disclaim ownership to the consumer while asserting ownership in court and reporting the same debt as owed. 2. METHOD OF VERIFICATION LETTER ( HIGH-PRESSURE VERSION ) SUBJECT : FORMAL METHOD OF VERIFICATION REQUEST ( FCRA 1681i & 1681s-2 ) Dear Bank of America , I am in receipt of continued reporting regarding the following accounts : Account ending * * * * XXXX Account ending * * * * XXXX These accounts are : Charged off ( XXXX ) Closed Disputed Still being reported with active balances FORMAL DEMAND Pursuant to the Fair Credit Reporting Act, you are required to provide the Method of Verification used to validate this information. SPECIFICALLY PROVIDE : 1. OWNERSHIP PROOF Documentation establishing BOA as current legal owner If sold or securitized : Chain of title Transfer records Repurchase documentation 2. BALANCE CALCULATION Full itemization of {$6100.00} and {$9800.00} Interest, fees, and charge-off breakdown Accounting methodology 3. CONTRACTUAL BASIS Signed agreement Terms governing the alleged obligation 4. REPORTING BASIS Explanation for : Past due status after charge-off Monthly updates post-closure Reporting as active balance on closed account 5. INVESTIGATION DETAILS Date of investigation Identity of party verifying Documents relied upon NOTICE OF LIABILITY Failure to provide the above will constitute : Failure to reasonably investigate ( FCRA violation ) Reporting of inaccurate information Continued willful noncompliance FINAL NOTICE You have taken contradictory positions by : Denying ownership Filing suit Reporting balances If this matter is not resolved, I will pursue : Federal litigation Statutory and actual damages Attorneys fees and costs Sincerely, 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 explanation