Consumer complaint received 2024-09-27 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: WA

Complaint narrative:
ATTENTION CFPB : FRAUD ALERT ACTION REQUIRED : re BANK OF AMERICA PREDATORY LENDING AND DEBT COLLECTION PRACTICES : Bank of America reported accurate in XX/XX/XXXX. As a result of complaint to CFPB in XX/XX/XXXX and in Retaliation against consumer ; Bank of America FRAUDULENTLY reported CHARGE-Off debt without providing proof and/or evidence borrowers received a 1099-C from BANK OF AMERICA FRAUD ALERT : Proof of Charge -Off was Previously requested by Borrowers to Creditors directly on XX/XX/XXXX. BANK OF AMERICA Ignored verification Request, Fraudulently certified an FCRA INVESTIGATION was conducted. The predatory lender engaged in gross unlawful misconduct by verifying accurate credit reporting with knowledge furnished defaults are inaccurate, falseand non verifiable on XX/XX/XXXX to XXXX. Please Note : This complaint DOES NOT APPLY to XXXX ; however is ONLY to show evidence of Borrower attempts to contact Creditors and Creditors refusal to abide by FCRA GUIDELINES. 

Since BANK OF AMERICA believes so strongly in their collective efforts and/or their burden of proof ; in addition to civil legal action borrower has launched a formal complaint with the IRS. Borrower provided the Internal Revenue Services ; Business Tax Fraud Investigations Division ; copies of all documentation and requested BANK OF AMERICA Business Taxes be Audited and a fraud investigation be conducted specifically to determine BANK OF AMERICA write-off accounts are properly verified. As well as companys internal financial reports specifically regarding retention protocols and governance procedures. 

Failing to report that a debt was discharged in bankruptcy : Once a debt has been discharged in bankruptcy, the credit furnisher and the credit reporting agency must report it as accurately discharged. However, discharged debts are often incorrectly reported as Charged Off or Closed by Credit Grantor. This is a violation of the FCRA. In such case, you may likely be entitled to damages.

BANK OF AMERICA is in violation of multiple laws set forth by Congress in regard to the following account # 2410. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( BANK OF AMERICA ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( BANK OF AMERICA ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency XXXX if the person knows or has reasonable cause to believe that the information is inaccurate. BANK OF AMERICA can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided a screenshot from the IRS website. By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from BANK OF AMERICA for the cancelled debt of { { {$6500.00} } } in order to file as ordinary income. Where is my 1099-C BANK OF AMERICA is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than { { {$600.00} } }. This is unsatisfactory! BANK OF AMERICA has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information.

In BANK OF AMERICA terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX  is not an affiliate of BANK OF AMERICA nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. BANK OF AMERICA must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consum er account. 1026.11 Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { { {$1.00} } } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( 1 ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. ( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.

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