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BANK OF AMERICA, NATIONAL ASSOCIATION – CFPB Complaint

By on August 5, 2017

Date Received: 2017-05-11T00:00:00

Product: Credit card debt

Issue: Attempts to collect debt not owed

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: This is to inform you that I ‘ve recently pulled my credit report and noticed that there ‘s a collection listing from your agency on my credit report Bank of America, Account Number: XXXX . I have never been notified of this collection action or that I owed the debt. This letter is to inform you that I would like a verification of the debt and your ability to collect this money from me. Under the FDCPA, I have the right to request a validation of this debt. I request that you prove that I am indeed the party who is contractually obligated to pay off this debt. I hope you are aware that reporting any invalidated information to major credit bureaus may constitute defamation of character. In addition, you must also be aware that until you validate this debt, you can not continue collection activities or report this information to the credit bureaus. Non-compliance with this request may land your company in serious legal trouble with the Federal Trade Commission ( FTC ) and other state/federal agencies. Please attach copies of the following document s : 1. Agreement with your client that authorizes you to collect on this alleged debt.
2. Agreement that bears signature of the alleged debtor where he promises to pay the original creditor.
3. Complete payment history on this account, to prove that the amount you wish to collect is accurate.
In accordance with the requirements of the FCRA as stated below, I am hereby requesting your complete compliance with any and all of the provisions : *FCRA 611, Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] *Requirements relating to reinsertion of previously deleted material.
*Certification of accuracy of information. If any information is deleted from a consumer ‘s file pursuant to subparagraph ( A ), the information may n ot reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies the information is complete and accurate. *If any information that has been deleted from a consumer ‘s file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. Additional information. As part of, or in addition to, the notice under clau se ( ii ), a consumer reporting agency shall provide to a consumer in writing no later tha n 5 bu siness days after the reinsertion date. In responsibilities Credit Bureau is liable if fail to observe the time limits. ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumer ‘s file disputing the accuracy or completeness of the disputed information.
I received no such notification. This is a serious violation of the FCRA, and I reserve the right to pursue further action. Your agency may avoid such action by immediately deleting this listing from my credit report.
If an Item Re appears : All violations of the FCRA are treated seriously and can result in a {$1000.00} fine, payable to you, should you successfully sue the offender and win in court. Sometimes merely notifying a creditor or credit bureau of a violation is enough to get the item removed. Should an offender refuse to cooperate with you after notification of FCRA violations, and you are not willing or able to go to court, you could report the violation to the Federal Trade Commissi on ( FTC ) or the Consumer Financial Protection Bureau ( CFPB ) and let them pursue the matter. Make sure the offender is aware you are reporting them to XXXX or both o f these XXXX ag encies. When governmental agencies confront such problems, however, the consumer isnt eligible for the {$1000.00} statutory reward that might otherwise be payable should the matter be resolved in the consumers favor in court. As it stated in the Verification Letter from XXXX on XXXX XXXX 2017 ” If an i te m says, ” Deleted ” we have REMOVED it from your credit report and TAKEN STEPS so it does NOT REAPPEAR ”. These statement can be found as proof in the letter as provide in Attach Docu ments.

READ  WELLS FARGO & COMPANY - CFPB Complaint

Company: BANK OF AMERICA, NATIONAL ASSOCIATION

State/Zip: CA 951XX

Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 2481970

The above data is from the Consumer Financial Protection Bureau. Keep in mind that every company will get a complaint from time-to-time, even the great ones. But there are a few key data points that will give you an idea about how well the company values their customers and handles consumer issues.

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In particular what you are looking for was that the company response was timely and that the consumer did not dispute it. The posting of complaints has proven to be a valuable resource for both companies and consumers.

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