Consumer complaint received 2024-10-22 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: GA

Complaint narrative:
Bank of America Account Ending : XXXX NAME : XXXX XXXX DOB : XX/XX/XXXX SSN : XXXX I am filing a formal complaint against Bank of America for violations of the Truth in Lending Act ( TILA ), Unfair and Deceptive Acts or Practices ( UDAP ), and the Fair Credit Reporting Act ( FCRA ). Below, I will detail my situation and the specific statutes that were violated by Bank of America 's deceptive practices and mishandling of my account. 

1. Background On XX/XX/XXXX, I opened a credit card account with Bank of America based on the misleading information provided by one of their representatives. Within 24 hours, I contacted Bank of America to cancel the account as it was no longer needed. However, when I called a week later to follow up, I was informed by another representative that There is no such thing as cancelling your card, and was pressured into keeping the card to avoid damaging my credit score. 

This was not true, and I believe I was misled and coerced into keeping the account open under false pretenses. Since then, I have made several attempts to have the account closed and removed from my credit report due to these deceptive actions, but I have faced continuous obstruction from Bank of America, and they have refused to acknowledge or document my initial cancellation request. 

2. Truth in Lending Act ( TILA ) Violations Bank of America violated key provisions of the Truth in Lending Act ( TILA ), including : Failure to Disclose Accurate Information ( 12 CFR 226.5 ( a ) ( 1 ) ) : Bank of America misrepresented the terms of the credit account, including incorrect information about cancellation rights and the consequences of closing the account. These misleading statements led me to keep the account under false pretenses. 
Failure to Document and Acknowledge Account Requests ( 12 CFR 226.6 ) : Despite my timely request to cancel the account, Bank of America failed to properly record or acknowledge my cancellation request, which further prevented me from exercising my rights as a consumer. 

3. Unfair and Deceptive Acts or Practices ( UDAP ) Bank of America 's actions also violate Unfair and Deceptive Acts or Practices ( UDAP ) standards under the Federal Trade Commission Act ( 15 U.S.C. 45 ) : Deceptive Representation : Bank of Americas claim that I could not cancel the account and their pressure to keep the account open to avoid credit score damage constitutes an unfair and deceptive business practice. This misinformation coerced me into taking action that I did not intend or need. 

Coercion and Manipulation : By failing to provide accurate information regarding my cancellation options, Bank of America engaged in deceptive practices, making it seem that canceling the account would harm my credit score, leaving me with no choice but to maintain the account. 

4. Fair Credit Reporting Act ( FCRA ) Violations Additionally, Bank of America may be violating the Fair Credit Reporting Act ( FCRA ) by failing to provide me with the original contract upon my request and improperly reporting information to the credit bureaus : Failure to Provide Contract ( FCRA, 15 U.S.C. 1681g ( a ) ) : I have repeatedly asked Bank of America to provide the original contract that led to the opening of this account, which they have refused to produce. This refusal to provide documentation is obstructing my ability to dispute the accuracy of the information reported. 
Discrepancies in Reporting : There are inaccuracies in how this account is being reported to the credit bureaus. For example, XXXX is reporting " no data '' for several months leading up to the charge-off, which could violate FCRA 's accuracy and reporting requirements under 15 U.S.C. 1681e ( b ). 

5. Requested Relief I respectfully request that the Consumer Financial Protection Bureau investigate the following : 1. That Bank of America provide the original contract or any documentation related to the opening of my account. 
2. That Bank of America acknowledge and document my original cancellation request. 
3. That Bank of America remove the settled account from my credit report based on the fact that it was opened and maintained under false pretenses. 
4. That Bank of America provide an explanation for the discrepancies in reporting on XXXX. 
5. That any penalties or fines be considered against Bank of America for these TILA, UDAP, and FCRA violations. 

I appreciate your time and consideration in addressing these concerns, and I look forward to your prompt resolution of this matter. 

Sincerely, 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