Consumer complaint received 2025-02-04 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Improper use of your report — Reporting company used your report improperly
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NJ

Complaint narrative:
I am writing to formally request comprehensive documentation regarding the charge-off account that Bank of America is reporting to the credit bureaus in my name. This account is inaccurately affecting my credit report and has not been properly verified, in violation of my rights under the Fair Credit Reporting Act ( FCRA ). In order to clarify this matter, I demand the following : Requested Documentation Complete Chain of Title Provide a complete chain of title for the account, including all transfers, sales, or assignments. I require documentation detailing every entity that has held ownership or interest in this account.

Original Contract Furnish a copy of the original contract signed by me that establishes my obligation to this debt, as well as any terms agreed upon at the time of origination. This includes the full, unaltered contract and my original, wet signature.

Documents Pertaining to Account Sales or Transfers Provide all documents related to each time the account was sold, transferred, or otherwise assigned. This should include the dates of each transaction and any entities involved.

Documentation of Communication with Third Parties Provide documentation of all communication regarding this account with any third parties, especially the credit reporting agencies. This includes letters, emails, phone records, or other forms of communication related to reporting or verifying this account. 

Accounting Ledger Furnish a full and complete copy of your accounting ledger that details all financial activity associated with this account.

Insurance Claims Filed Provide documentation for any insurance claim filed by your company regarding this account, including claims for losses, charge-offs, or reimbursement from insurance policies.

Explanation of Charge-Off Reporting Explain why this account is being reported as a charge-off and provide a copy of the 1099-C form if one was issued. This document is essential to confirm any reporting of this account as income for tax purposes. Per the account on my credit report your company reported this account as a loss. 

Company Policy on Reporting to Credit Bureaus Provide a copy of your companys policy on reporting information about accounts to credit bureaus, including any relevant sections from the employee handbook that address policies and procedures on accurate credit reporting. 

Fair Credit Reporting Act ( FCRA ) Violations Under the FCRA, I am entitled to accurate, complete, and verified information on my credit report. I believe that your continued reporting of this charge-off violates several provisions of the FCRA : Section 607 ( b ) ( 15 U.S.C. 1681e ( b ) ) Duty to Assure Maximum Possible Accuracy : You are required to follow reasonable procedures to ensure the maximum possible accuracy of information reported to the credit bureaus. Reporting unverifiable or incomplete information regarding this charge-off is a direct violation of this requirement.

Section 623 ( a ) ( 15 U.S.C. 1681s-2 ) Furnishers Duty to Report Accurate Information : As a furnisher of information to credit reporting agencies, you are responsible for reporting only accurate and complete information. This includes updating or correcting any inaccuracies. Your failure to validate this information in response to my dispute and request for documentation is a violation of this section.

Section 616 ( 15 U.S.C. 1681n ) Willful Non-Compliance : The FCRA allows for damages in cases where furnishers willfully fail to meet their obligations under the law. If your company is unable or unwilling to provide the requested documentation, it will be considered willful non-compliance with the FCRA, entitling me to seek statutory, actual, and potentially punitive damages. 

Demand for Deletion if Documentation is Not Provided If you are unable to provide all requested documentation within 30 days from the date of this letter, I will assume that you do not possess the required documents to validate this account and will demand the immediate deletion of this charge-off from my credit report. Failure to comply with this demand will constitute continued willful non-compliance with the FCRA, and I will explore all available legal remedies. 

Please send the requested documentation to my address listed above. I expect a full response within the required timeframe, confirming that you have either provided the requested documentation or deleted the inaccurate information from my credit report. 

Thank you for your prompt attention to this matter. I look forward to resolving this matter efficiently.

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