Consumer complaint received 2024-04-13 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 XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Bank of America XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XX/XX/2024 NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL To Whom It May Concern : I recently received a copy of my ( XXXX, XXXX or XXXX ) consumer report, and I noticed some credit card utilization posted on my consumer report. 
This is the account in question : Account Number : XXXX According to the FCRA, in 15 USC 1681aXXXX ( XXXX ) EXCLUSIONS.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Credit card utilization is an experience between the consumer ( myself ), and the person ( Bank of America ) making the report. Therefore, by law, any sort of credit card utilization should not be furnished to any non-affiliated third party, such as any consumer reporting agency. 


15 USC 1681 states : ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : ( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
My right to privacy is being violated by this institution. According to 15 USC 6801, under Protection of Non-Public Personal Information, Congress states : ( a ) PRIVACY OBLIGATION POLICY It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 
Nonpublic personal information is defined as : ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. 

Furthermore in 15 USC 6802 - Obligations with respect to disclosures of personal information ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 
( b ) OPT OUT ( XXXX ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

At no time did I receive any of these disclosures, and I, XXXX XXXX, am opting out of any further reporting of my nonpublic personal information by Bank of America, or any of its affiliates henceforth. 

At this time, I am simply enforcing my rights as set forth by congress. I do not authorize this institution to share or disclose any of my nonpublic personal information to any person without my consent as set forth by the FCRA. 

Respectfully, 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