Consumer complaint received 2025-09-14 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
Subject : Follow-Up Formal Complaint Failure to Validate Charge-Off / Continued Reporting Without Proper Documentation To : Consumer Financial Protection Bureau From : XXXX XXXX Address : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX Regarding : Bank of America Charge-Off ( No Documents Provided ) Complaint ID ( if applicable ) Opening Statement As a consumer striving to regain financial stability and qualify for essential credit-based opportunitiessuch as homeownershipI am deeply disturbed by how financial institutions like Bank of America use their position of power to skirt consumer protection laws. Despite multiple requests for validation of a reported charge-off, no documentation has ever been provided to me. Instead, I was given a phone number to call, where I left three voicemails and received no response. 

I feel disrespected, ignored, and mistreated. Consumers like myself are constantly punished with derogatory credit marks, while banks operate as if they are above the law and above regulatory oversight. This creates an uneven playing field where we suffer the consequences of unverifiable and likely inaccurate credit reporting. 

I am formally asking the CFPB to step in and enforce accountability against Bank of America for what I believe to be a direct violation of federal law and consumer rights. 

Legal Basis for Removal of Charge-Off 1. Failure to Validate Debt under 15 U.S.C. 1692g ( b ) ( FDCPA ) Bank of America has never provided the following, which are required to support a legally reportable charge-off : Original signed credit agreement or application ( wet signature ) Full account history ( how the balance was accrued ) Statements or ledgers verifying the specific amount charged off Proof of default date and last payment A charge-off is not just an accounting eventit has long-term negative credit consequences. The FDCPA requires debt collectors and creditors to verify the debt when properly disputed. Failure to do so within the regulatory timeframe makes further collection/reporting unlawful.

2. Violation of FCRA 1681i ( a ) Reinvestigation & Deletion Requirements Per 15 U.S. Code 1681i ( a ) ( 5 ) ( A ), any information that can not be verified must be deleted from the consumer 's file. If Bank of America can not produce validation of the charge-off, they are legally required to remove the entry. Reporting unverifiable information is a violation of the Fair Credit Reporting Act ( FCRA ).

3. No 1099-C Issued for Charged-Off Debt If Bank of America truly charged off this debt, they are expected to issue a Form 1099-C to the consumer and IRS. If they did issue one, it implies that the debt was forgivenand thus, continuing to report it as a " debt '' is inaccurate. If they did not issue a 1099-C, they may be in violation of IRS guidelines and still required to verify the nature of the charge-off.

4. Deceptive Practices Violation of 15 U.S. Code 1692e Continuing to report a charge-off without responding to disputes, without answering calls, and without documentation, is deceptive and misleading under FDCPA 1692e ( 10 ). Bank of America is leading consumers to believe the debt is valid when it has not been legally substantiated.

Legal Precedents in Favor of Consumers Clark v. Capital Credit & Collection Servs., Inc. , 460 F.3d 1162 ( 9th Cir. 2006 ) Clarified that collectors must provide meaningful validation, not just a summary or account number.

Perry v. Stewart Title Co., 756 F.2d 1197 ( 5th Cir. 1985 ) Demonstrated that creditors must show clear chain of
ownership and original documentation in disputes.

Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) Confirmed that credit bureaus must do more than rely on the furnishers say-so when verifying a debt.

FTC v. Asset Acceptance , LLC, No. 8:12-cv-182-T-27EAJ ( M.D. Fla. 2012 ) The FTC fined a major debt collector for reporting debts without properly verifying them, especially old or unvalidated charge-offs. 

Formal Request to CFPB I am requesting the CFPB to : Reopen or escalate my complaint against Bank of America. 

Hold them accountable for failure to verify the charge-off and failure to respond to direct consumer contact.

Investigate whether a 1099-C was filed on the debt and request documentation of this.

Enforce deletion of this account from my credit report unless Bank of America can provide all supporting documents listed above.

Send Bank of America a formal inquiry and demand for documentation as
required under 15 U.S. Code 1681i and 1692g.

Closing I should not be punished for a debt that can not be validated, and the CFPB exists to ensure that financial institutions do not violate federal law with impunity. Bank of Americas continued silence and refusal to provide documentationwhile continuing to damage my creditis unacceptable. 

I appreciate your urgent attention and enforcement in this matter. My creditworthiness, housing opportunities, and financial future are at stake. 

Sincerely, XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX 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