Consumer complaint received 2024-11-22 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: CA

Complaint narrative:
Please be advised that this is my XXXX XXXX WRITTEN REQUEST AND FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my right and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance. 
Despite my previous XXXX written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. You stated in your responses to my XXXX dispute letters that you have verified that the items listed below are accurate, but you failed to send me copies of the documents that you used to verify these accounts as per my request. The fact that you have ignored my request to send me copies of that of the documents that you used to verify the disputed accounts like you said you did. Your failure to delete the disputed accounts that you can not verify after XXXX written requests is also evidence of your Willful disregard of Federal Law. 
When we go through the discovery process you will be required to produce these documents along with an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed accounts. The fact that you do not have any of the said documents in your files is proof that you did not properly verify the accounts within 30 days as required by law and Court will order you to delete them.

You say that you have reinvestigated these accounts but you have admitted that all you have done is parroted information given to you by other sources and shifted the burden back to me to contact the original creditor to verify these accounts which is clearly in violation in violation of 1681 { a } { 4 }. 

I also asked you to give me the name of the person in your company who verified the accuracy of these accounts but you ignored this request as well which is another violation of Federal Law and evidence of your willful disregard of the law.

Please be advised that under Section 611 { 5 } { A } of the FCRA-you are required to .PROMPTLY DELETE ALL INFORMATION WHICH CAN NOT BE VERIFIED. I request that you do this immediately.

The law is very clear as to the Civil liability and remedy available to me { Section 616 & amp ; 617 } if you fail to comply with Federal Law. I am a litigious consumer and fully intend on fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 
I DEMAND THAT YOU DELETE ALL OF THE ACCOUNTS LISTED BELOW IMMEDIATELY. PLEASE PROVIDE ME WITH A COPY OF AN UPDATED AND CORRECTED CREDIT REPORT SHOWING THAT THESE HAVE BEEN DELETED. 

Accounts that I didnt authorize and had no knowledge of or reporting accurately, police report and FTC report is on file, Please DELETE THEM Account Name XXXX XXXX XXXX___________________ Date open________________________________________ Account Number__XXXX_____________________________ Reason for dispute__IDENTITY THEFT_________________________________ Account Amount____ $ XXXX______________________ Account Name__XXXX XXXX XXXXXXXX___________________________ Date open_________________________________________ Account Number___XXXX________________________________ Reason for dispute___IDENTITY THEFT________________________________ Account Amount___ 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