Consumer complaint received 2024-11-12 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: PA

Complaint narrative:
I am filing this complaint to report that XXXX XXXX XXXX XXXX XXXXXXXX, through its law firm, Hayt, Hayt & Landau, XXXX ( Hayt and Hayt ), is pursuing arbitration against me in a consumer debt collection case. This action by XXXX XXXX XXXX  directly contradicts its public commitment not to use arbitration in consumer debt cases. Furthermore, Hayt and Hayts practices in this matter raise concerns about potential violations of the Fair Debt Collection Practices Act ( FDCPA ), including failure to provide proper verification, misrepresentation of their authority, and engaging in unfair or unconscionable practices. 

XXXX XXXX XXXX has publicly committed to avoid arbitration in consumer debt cases, a policy that I and other consumers have come to rely on. However, XXXX XXXX XXXXXXXX, through its law firm Hayt and Hayt, is currently pushing for arbitration in a debt collection lawsuit against me. This action directly contradicts XXXX XXXX XXXXXXXX own public statements, creating confusion and undermining confidence in the companys adherence to its commitments. 

Direct Contradiction of XXXX XXXX : XXXX XXXX XXXXXXXX decision to pursue arbitration in this case disregards its publicly stated policy and raises questions about the companys consistency in handling consumer debt cases. 

Impact on XXXX Rights : As a consumer, I relied on XXXX XXXX XXXXXXXX assurance that arbitration would not be used in such cases. This unexpected push for arbitration imposes undue hardship and raises concerns about XXXX XXXX XXXXXXXX commitment to honoring its public policies. 

Request : I request that the CFPB XXXX XXXX XXXX XXXXXXXX choice to pursue arbitration in this case and examine why the company is disregarding its own policy by pursuing arbitration through its law firm, Hayt and Hayt.

Potential FDCPA Violations by Hayt and Hayt In the course of this lawsuit, Hayt and Hayt has engaged in practices that may violate the FDCPA. Specifically, their actions raise concerns about transparency, authority, and fairness in debt collection. 

Failure to XXXX XXXX XXXX XXXX : Hayt and Hayt has not provided any documentation verifying their authority to act on behalf of XXXX XXXX XXXXXXXX in this matter. Under FDCPA XXXX, debt XXXX must provide verification of their right to collect if requested. This lack of documentation leaves me uncertain about Hayt and Hayts legitimacy in pursuing this debt. 

Misrepresentation of Authority : By actively pursuing arbitration as though they have the authority to do so on behalf of XXXX XXXX XXXXXXXX, Hayt and Hayt may be misrepresenting their role, in violation of FDCPA XXXX, which prohibits deceptive practices. Without documented authorization from XXXX XXXX XXXX, their actions could be misleading. 

Unfair or Unconscionable Practices : Hayt and Hayts aggressive pursuit of arbitration, despite XXXX XXXX XXXX public commitment against it, appears to be an unfair and potentially unconscionable tactic under FDCPA XXXX. This demand for arbitration causes confusion and imposes undue pressure on me as a consumer, XXXX XXXX XXXX XXXXXXXX known stance against arbitration. 

Request : I respectfully ask that the CFPB investigate whether Hayt and Hayts actions in this case violate the FDCPA by failing to provide verification of their authority, misrepresenting their role, and engaging in unfair or unconscionable practices. 



Conclusion and Summary of Requests This complaint respectfully requests that the CFPB investigate : Why XXXX XXXX XXXXXXXX, in direct contradiction to its public commitment, is actively pursuing arbitration through its law firm, Hayt and Hayt, in a consumer debt collection case. 

XXXX Hayt and Hayts collection tactics violate the FDCPA, specifically regarding their failure to provide documentation of authority, potential misrepresentation of their role, and use of unfair or unconscionable practices. 



As a consumer, I am seeking clarity and assurance that XXXX XXXX XXXXXXXX will honor its public commitments and that Hayt and Hayt will act within the bounds of the FDCPA. The lack of transparency and the XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX own stated policy on arbitration leave me concerned about the fairness and legitimacy of these actions. Thank you for your attention to these issues.

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