Consumer complaint received 2025-01-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: BANK OF AMERICA, NATIONAL ASSOCIATION
State: NM

Complaint narrative:
I am writing to formally dispute the accuracy of the information you have furnished regarding the above-referenced account, which appears on my consumer report. As a furnisher of information under the Fair Credit Reporting Act ( FCRA ) and a debt collector subject to the Fair Debt Collection Practices Act ( FDCPA ), you are obligated to ensure the accuracy, completeness, and validation of the data you provide to consumer reporting agencies ( CRAs ). This letter outlines specific inaccuracies, invokes my rights under 15 U.S.C. 1692g, and demands immediate corrective action.

Violations of the FCRA and FDCPA 1. Validation of Debt ( 15 U.S.C. 1692g ) : I request proper validation of this debt, including a breakdown of the amount owed, the original agreement, and proof of your authority to collect. Your failure to validate the debt properly undermines the accuracy of the information reported. 

XXXX. Inaccurate Reporting of Payment History : The payment history for this account reflects discrepancies across CRAs. For example, XXXX lists the first charge-off as starting in XX/XX/XXXX, whereas XXXX reflects it beginning in XX/XX/XXXX. This inconsistency violates your obligation under 15 U.S.C. 1681s-2 to provide accurate information to CRAs. 

Case Law Reference : In XXXX XXXX XXXXXXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court held that data furnishers are liable for failing to correct inaccuracies after being notified of a dispute. 

XXXX. Failure to Verify and Correct Errors : Despite my previous dispute with CRAs, the inaccuracies persist, indicating either your failure to conduct a reasonable investigation or your non-compliance with 15 U.S.C. 1681s-2 ( b ). 

Case Law Reference : In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court emphasized the duty of furnishers to investigate and correct erroneous information. 

Requested Remedy Cease and Desist Communication : I demand an immediate cease and desist of all forms of communication, including any reporting of this account to my consumer report. Your attempts to contact me through any medium, including reporting this account on my consumer report, have occurred at inconvenient times and are unjust to my livelihood. This is a violation of my rights under the FDCPA. 

Validation of Debt : Provide full validation of this debt in compliance with 15 U.S.C. 1692g, including a detailed breakdown of the amount owed, a copy of the original agreement, and proof of your authority to collect. 

Correct Reporting : Update all CRAs with accurate information, ensuring consistency in payment history and the correct date of first delinquency. 

Verification Method : Provide documentation verifying how you determined the accuracy of the information furnished to CRAs, including the date of first delinquency and payment history. 

Compliance Confirmation : Confirm in writing that the corrections have been made and that the debt has been validated properly. 

Failure to address this matter promptly may result in further actions to enforce my rights under federal law, including arbitration or litigation.

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