Consumer complaint received 2025-11-17 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: AZ

Complaint narrative:
I am submitting this complaint regarding Bank of Americas access to my consumer credit report. Bank of America placed hard inquiries on my credit file despite not approving, funding, or establishing any credit relationship with me. There was no valid credit transaction between us, and Bank of America did not have a legally recognizable purpose to obtain my consumer report. 

Bank of America is claiming permissible purpose, yet they never provided any details showing that I initiated a direct credit request with them, nor did they show any approved or pending financing that would justify accessing my report under federal law. 

I never received : a credit approval, a conditional approval, an account opening, an offer of credit, or any communication suggesting they would extend credit to me. 

The inquiry appears to have been generated through a dealership submission, but a third-party dealerships internal process does not authorize a bank to pull my credit unless the bank itself intends to extend credit based on the information received. 

Why this violates the FCRA : Under FCRA 15 U.S.C. 1681b, a financial institution may only access a hard inquiry if : XXXX. I directly applied for credit with them, or XXXX they are extending or reviewing credit, or XXXX. I provided explicit written instructions permitting the inquiry. 

None of these occurred. 

Bank of America never became a creditor, and therefore the inquiry was : not necessary, not tied to a legitimate credit decision, and not supported by any documented consent. 

A declined, abandoned, or non-existent credit decision can not retroactively justify their use of my credit report. 

Consequences Under the Law ( newly worded version ) : Because the inquiry was unauthorized, it falls into non-permissible access, which is actionable under : FCRA 616 Civil liability for willful violation FCRA 617 Civil liability for negligent violation Under these provisions, a consumer may seek : statutory damages ( {$100.00} {$1000.00} per violation ) actual damages ( credit score drop, increased interest rates, lost credit opportunities ) punitive damages ( for willful acts ) legal costs and attorney fees I am not asserting damages at this time ; however, Bank of America should be aware that these remedies are available if they choose not to resolve this. 

Requested Outcome : I am requesting that Bank of America remove the unauthorized hard inquiry from my credit reports and confirm removal in writing. 

This remedy is fair and efficient, avoids escalation, and immediately restores accuracy to my credit file. 

If Bank of America chooses not to correct this, I am prepared to : escalate to the FTC, notify my state attorney general, submit a direct FCRA demand letter, and preserve my right to pursue civil compensation.

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