Consumer complaint received 2024-05-18 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Privacy issues
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
In addition to the specific actions outlined below, I would like the Consumer Financial Protection Bureau to thoroughly review and investigate the handling of my credit report by the credit bureaus and the credit grantors involved. I am concerned that there may have been errors or discrepancies in the reporting of my account status, leading to the inaccurate derogatory status and unpaid balance being reported. I request that the Consumer Financial Protection Bureau ensures that the credit bureaus and credit grantors are following all relevant laws and regulations, including the Fair Credit Reporting Act, in reporting and updating credit information. It is important to me that my credit report accurately reflects my financial history and current status, and I believe that the actions outlined below are necessary to achieve this goal. As per the Fair Credit Reporting Act, I wish to highlight the provisions of 15 USC 1681, which emphasize the need for consumer reporting agencies to exercise their responsibilities with fairness, impartiality, and respect for consumer privacy. XXXX, XXXX, and XXXX as consumer reporting agencies, do not have my consent to furnish this information and have not provided me with an explanation of how I can exercise my nondisclosure option. Furthermore, I assert my rights under the Inaccurate Reporting Act ( 15 USC 1681 ) and the Privacy Rights of 1974 ( 15 USC 6508 ). These laws aim to protect consumers ' privacy and ensure the accuracy of information reported by consumer reporting agencies. I also assert my rights under the Fair Credit Reporting Act, specifically highlighting the need for consumer reporting agencies such as XXXX, XXXX and XXXX to exercise their responsibilities with fairness, impartiality, and respect for my right to privacy. I revoke any consent that may have been given for the furnishing of my information to these agencies, as I have not provided written consent for this action I am also writing to bring to your attention issues regarding inaccurate charge-off accounts on my credit report. Your intervention in this matter would be greatly appreciated. Attached, I included copy B of 1099c /certificate of indebtedness for my accounts with Bank of America and XXXX XXXXXXXX XXXXXXXX that have been approved by the Internal Revenue Service ( IRS ) as evidence of the discharge of the debt associated with these accounts. I am not disputing the presence of the accounts on my credit report ; however, I am requesting that the status of the accounts be updated to reflect that they have been paid, in accordance with the acceptance of the 1099-C form by the IRS. I have attempted to resolve this matter directly with the creditors and the credit reporting agencies, but I have encountered challenges in getting the accounts status updated to accurately reflect that the debts have been discharged and paid. I kindly request your assistance in facilitating the update status of the accounts on my credit report to ensure that it accurately reflects the discharge of the debt and payment of the accounts. These corrections are essential for the accuracy of my credit information and financial records. The focus of 16 CFR 313 is to enhance consumer privacy, confidentiality, and control over their financial information by establishing requirements for financial institutions to safeguard the privacy of consumer financial data and ensure transparency in information-sharing practices. By implementing these privacy protections, 16 CFR Part 313 aims to enhance consumer trust, confidentiality, and control over their financial information. It promotes consumer privacy and data security within the financial services industry. I would like to reference the provisions under the Fair Credit Billing Act, specifically under 15 U.S. Code 1666b. This Act states that while a billing dispute is ongoing, creditors must not report the amount in question as delinquent. Despite this provision, I have noticed that late payments are being reported on my credit report, which is adversely affecting my credit score and my ability to obtain future credit. This is causing significant distress and potential financial harm. I kindly request your assistance in ensuring that these late payments cease to be reported on my credit report until any ongoing disputes are resolved, as per the requirements of 15 U.S. Code 1666b. I believe this to be essential for the accuracy and fairness of my credit information. I have attached relevant documentation for your reference. Also I bring to your attention an issue regarding inaccurately reported personal information on my credit report. The name, date of birth, and address currently listed on my credit report are incorrect, and I am requesting your assistance in correcting the information for my name, date of birth, and address. I have attempted to rectify this issue directly with the credit reporting agencies, but have encountered challenges in getting my personal information updated accurately and promptly. Accurate personal information is fundamental to the integrity of my credit report and for ensuring the correct assessment of my creditworthiness by potential lenders and creditors. The incorrect personal information currently listed on my credit report may result in confusion, inaccurate credit evaluations, and potential identity misrepresentation. I kindly request your assistance in facilitating the correction of my personal information on my credit report to ensure its accuracy and completeness. This update is essential for the proper representation of my financial information and records. Additionally, I believe that the reporting of adverse information on my credit report without my permission is in violation of the law. I request that XXXX, XXXX, and XXXX maintain reasonable procedures and limit the furnishing of consumer reports to the purposes listed under the Fair Credit Reporting Act. In accordance with 12 CFR 1016.7, I am exercising my right to opt out of the reporting services provided by XXXX, XXXX and XXXX. I request that my information NOT be disclosed to nonaffiliated third parties without my explicit consent. I also express my rights under 15 USC 6802, which prohibits financial institutions from disclosing nonpublic personal information to nonaffiliated third parties without consumer consent, and 15 USC 6805, which outlines consumer rights to financial privacy. I would like to draw your attention to the provisions under the Fair Credit Reporting Act, specifically under 15 U.S. Code 1681n and 15 U.S. Code 1681o, which outline civil liabilities for willful and negligent noncompliance with the requirements of the subchapter regarding consumer credit reporting. The Fair Credit Reporting Act ( FCRA ) is a federal law that regulates the collection, dissemination, and use of consumer credit information. In the context of agencies reporting information without consumer consent, the FCRA, specifically 15 USC 1681, outlines the following provisions : Consent Requirement : Under 15 USC 1681, consumer reporting agencies are prohibited from reporting consumer credit information without the consumer 's consent. This means that before a consumer reporting agency can disclose or report a consumer 's credit information, the consumer must provide explicit consent for such disclosure. 2. Consumer Rights : 15 USC 1681 establishes various rights for consumers related to their credit information, including the right to access their credit reports, dispute inaccuracies, and request corrections. The law aims to protect consumers ' privacy and ensure the accuracy of the information reported by consumer reporting agencies. By requiring consumer consent before reporting credit information, 15 USC 1681 promotes consumer control over the dissemination of their credit data and aims to safeguard individuals from unauthorized disclosures or inaccuracies in their credit reports. It underscores the fundamental principle of consumer consent as a key protection mechanism under the FCRA. According to 15 U.S. Code 1681n, any person who willfully fails to comply with the requirements of the Fair Credit Reporting Act is liable for damages sustained by the consumer as a result of the failure. If it can be proven that there was willful noncompliance, the liable party may be subject to at least {$1000.00} per violation, in addition to any actual damages incurred by the consumer. Similarly, under 15 U.S. Code 1681o, negligence in failing to comply with the requirements of the Fair Credit Reporting Act may result in liability for actual damages sustained by the consumer. I would like to emphasize that the correct reporting of a account status on my credit report is not only essential for my financial well-being but also for ensuring compliance with federal laws and regulations governing consumer credit reporting. This updated information is crucial to ensuring the accuracy of my credit report and financial information. I want compensation of {$1000.00} per violation of the Fair Credit Reporting Act ( FCRA ) for the inaccuracies and violations identified in their credit report. This compensation amount is specified for each violation of the FCRA that has caused harm and financial repercussions to the user. I can also settle with a higher consumer credit plan. I want to address the Code of Federal Regulations, specifically 16 CFR 313 and 16 CFR 313.7. These regulations relate to consumer privacy rights and the handling of personal information by financial institutions, 16 CFR 313.7 pertains to the Privacy of Consumer Financial Information. This regulation imposes requirements on financial institutions to protect consumer privacy and ensure the security of financial information. Ensuring the accurate reporting of account statuses on credit reports is crucial for maintaining the privacy and integrity of consumer financial information. In addition to the aforementioned regulations, the Fair Credit Reporting Act also outlines civil liabilities for willful and negligent noncompliance with consumer credit reporting requirements under 15 U.S. Code 1681n and 15 U.S. Code 1681o, respectively. Furthermore, I would like the Consumer Financial Protection Bureau to communicate with me regarding the progress of their investigation and any updates or changes made to my credit report. Transparency and accountability in this process are important to me, and I appreciate the Bureau 's assistance in resolving this issue.

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