Date Received: 2023-08-03
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to Section 602 of the Fair Credit Reporting Act, 15 USC 1681, " there is a need to ensure that consumer reporting organizations execute their grave duties with fairness, impartiality, and a regard for the customer 's right to privacy. '' I am the Consumer, and XXXX and XXXX are consumer reporting companies. 15 USC 6801 states that " it is the intention of the Congress that each financial institution has an affirmative and continuous commitment to respect the privacy of its customers and to maintain the security and confidentiality of those customers ' nonpublic personal information. '' Furnisher of information to credit agencies is, by definition, a financial institution. Section 604 a section 2 of 15 USC 1681 reads that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' The financial institution and the consumer reporting companies, XXXX and XXXX, do not have my consent to supply this information, and they certainly do not have my written authorization. Any and all verbal, nonverbal, written, implied, or other agreement to XXXX, XXXX, or all financial institutions are revoked. Also, 15 USC 6802 ( b ) ( c ), " a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is provided with an explanation of how the consumer might exercise that nondisclosure option. '' I was never informed of my right to exercise my nondisclosure option by any financial institution. Not only that, but 15 USC 1681C ( a ) ( 5 ) states, " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of criminal convictions that predate the report by more than seven years. '' This account is an adverse item they are reporting without my permission which is illegal. " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate, according to 15 U.S. Code 1681s2 ( A ) ( 1 ) A. " Every consumer reporting agency shall maintain reasonable processes designed to avoid breaches of part 1681c of this chapter and to confine the provision of consumer reports to the objectives indicated in section 1681b of this title, '' according to 15 U.S. Code 1681e. Reasonable procedures are not being maintained by XXXX and XXXX. Also, according to 12 CFR 1016.7, " a consumer may exercise the right to opt out at any time. '' I am declining your reporting services.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: TX
Zip: 77316
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Other transaction problem
Subissue:
Consumer Complaint: I bank with BoA. An ACH check was drawn from my account into a XXXX XXXXXXXX XXXX check. The payee received the check and is holding onto it, but doesn't want to cash it because it was made out to the wrong person. We all want the check to be canceled and my account refunded. BoA is unable to get the check canceled or refunded back to my account. This if for ~ $ XXXX and it appears the money is lost. BoA is unwilling to credit my account while they resolve this issue between banks.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: WA
Zip: 98038
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Managing an account
Subissue: Problem accessing account
Consumer Complaint: In XXXX, 2023, I attempted to record a validly executed Power of Attorney ( POA ) at Bank of America for my husband 's account as he was incapacitated. This included trying to use the Power of Attorney for his business accounts. Bank of America accepted the POA as valid but refused access to his business accounts citing their internal policy of not permitting an agent under a POA to access business accounts. They provided no law or caselaw to support their policy. I referred them to the General Obligations Law, NY GOL 5-1502E3d, which provides that in a " short form power of attorney, the language conferring general authority with respect to business operating transactions, must be construed to mean that the principal authorizes the agent : d.to demand and to receive all moneys which are, or may become, due to the principal, or which may be claimed by the principal or on his behalf, in the operation of such enterprise, and to control and to disburse such funds in the operation of such enterprise in any way which the agent shall think to be desirable or necessary, to engage in any banking transactions which the agent shall think to be desirable or necessary for effectuating the execution of any of the powers of the agent described in this subdivision ; Clearly, if the statute defines business operating transactions to include banking powers, it is not illegal for an LLC account owner to designate an agent under a validly executed power of attorney. In addition, I have been given no legal authority that supports the position that single member LLCs can not appoint a POA. In fact, the IRS permits this. See https : XXXX. NY GOL 5-1504 ( 1 ) provides 1.No third party located or doing business in this state shall refuse, without reasonable cause, to honor a statutory short form power of attorney properly executed in accordance with section 5-1501B of this title, including a statutory short form power of attorney which is supplemented by a statutory gifts rider, or a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution. Reasonable cause is defined by several instances in the statute, none of which provide that a POA can be denied because the agent is using it for a business. NY GOLD 5-1504 ( 2. ) providesExcept as provided in subdivision three of this section, it shall be deemed unlawful for a third party to unreasonably refuse to honor a properly executed statutory short form power of attorney, including a statutory short form power of attorney which is supplemented by a statutory gifts rider, or a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution. Despite my attempts to point BOA to New York law, I was never contacted by their legal department. I was denied use of the POA to my detriment as we were unable to access the accounts during my husband 's incapacity. I received no meaningful explanation as to why the POA was rejected other than internal policy. It is my position that this policy runs afoul of NYS law and Bank of America has not taken the proper steps to remedy the situation, or indeed even defend it's position.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: It seems that of the issues that were reported by other people, all of them besides opening an account pertain to my problem. I had them with Bank Of America for almost 22 years before noticing or realizing something shady was going on the end of XX/XX/2023 my XXXX seem to be hacked as it said, I had purchased multiple new XXXX, and, this led to funds transferring from Bank of America to XXXX and vice versa. I trusted think of America as I would go in there physically every morning, but once I realized that account was not shut down as it was supposed to be XX/XX/XXXX, and it still isnt, and this had already caused me to be fired from my platform that I worked on. I started to go through the charges and reversals, and reversals over and over. I was going through these because if everything was being refunded, I dont understand why my account was still super negative and growing. Then I saw a {$610.00} charge from Bank of America, while they were supposed to be investigating and helping me from my hacking. I hadnt noticed it right away so when I did question them, they then said they use that money to pay my business credit card Which didnt happen the very next day they applied {$610.00} to that account, but made no payments or anything to help me and I dont know if they were going to Even use it there. The XXXX I met with each morning told me he suggested I try another bank because he said that would happen again. It also was causing huge problems and still I havent recovered at all from the negative. This caused and still is in negative as my rent for three months XXXX XXXX and XXXX was deposited into this account that I closed XX/XX/XXXX. I dont understand why they would continue to allow that to go in, his account kept going more negative and eating up my rent money and causing me that late fees as well. Who knows how many times in 22 years theyve taken money that I did never notice because I totally trust in my bank matter how many times I look at just that hacking bank statements They keep reversing the charges and then Im reversing them but Im only charged never credited. Sometimes I can count three times for the same charges. It really has been so overwhelming and I had no idea this lawsuit was even happening I just thought who am I to question a big company like Bank Of America even though its pretty black and white sea they were taking money and not helping me when I needed them to help me the most. All my accounts are so far negative and ruined my credit because of my credit utilization going through the roof. This just literally has ruined everything. Ive worked so hard for in my life because Im so set back now. Just trying to recover, but XXXX didnt help either. They kept apologizing for my delay thanking me for my patience while they investigated and then they just simply said they were closing my account and closed it with no responses back. Its been madness and I didnt know who to turn to in this matter whatsoever.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: AZ
Zip: 85051
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Trouble during payment process
Subissue:
Consumer Complaint: I paid Bank of America home loans a fee for a property valuation and would like a copy of the report
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Opening an account
Subissue: Unable to open an account
Consumer Complaint: Bank America listed me in XXXX & XXXXXXXX XXXX XXXX due to fraudulent activity when I have not opened an account with them. I also discovered bank inquiries under my name that I never permitted or signed for
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: IN
Zip: 463XX
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Advertising and marketing, including promotional offers
Subissue: Didn't receive advertised or promotional terms
Consumer Complaint: Bank of America ( BofA ) called my business phone to offer a " Business Advantage Unlimited Cash Rewards '' credit card. During the phone call, which I was told was recorded, I asked BofA representative XXXX XXXX if I would be able to set up Auto-Payments online for this card to pay the full balance each month. XXXX XXXX told me that I could. After the card was issued, I found that I could not set up auto-payments for the full balance, only payments for a fixed amount. I contacted XXXX XXXX and she had to ask a colleague to confirm whether it was actually possible to set up such auto-payments. Ultimately she concluded that I could not do so, and that what she had told me about auto-payments was untruthful.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11377
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Inquiries and late payments wont come off my report
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NY
Zip: 11581
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: I have never had a credit card with Bank of America, yet there is an account showing on my credit report as a secured card with a balance of {$430.00}. The address associated with it is an address I have not lived at for several years. I was assured this balance would be removed several months ago ( in the height of COVID ) yet to date, the account still appears on my credit report.
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: FL
Zip: 33880
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-03
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: I tried depositing {$940.00} cash into the ATM at my local Bank of America branch at XXXX XXXX on Monday XX/XX/XXXX. Shortly after putting the cash in, a message on the ATM screen popped up that said it is unable to process my request and can not return my money. Then it printed a receipt with a phone number to contact their electronic claims team. I called and filed a claim and the customer service representative said it will usually take 1 to 2 days to be resolved. Its now day three and I have no update about where my money is and when I try calling again it just says the claim is being investigated with no update. I have bills to pay and can not go without almost {$1000.00} any longer. I dont understand how the bank is so casual about holding my money hostage when their machine made a mistake. This happened once before and they credited my account immediately and there were no problems. I dont understand what is different about this incident
Company Response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
State: NJ
Zip: 078XX
Submitted Via: Web
Date Sent: 2023-08-03
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A