Debt collection -- Attempts to collect debt not owed -- Complaint #9987795
Bank of America Accused of Collecting Discharged Bankruptcy Debt
Complaint Overview
Complaint ID: 9987795
Company: Bank Of America, National Association
Product: Debt collection
Sub-Product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-Issue: Debt was already discharged in bankruptcy and is no longer owed
State: Colorado
ZIP Code: 80220
Date Received: 2024-08-31T12:00:00-05:00
Date Sent to Company: 2024-08-31T12:00:00-05:00
Company Response: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Submitted Via: Web
Risk Assessment
Risk Level: high
Attempting to collect a debt that has been legally discharged in bankruptcy is a serious violation of federal law, specifically the Fair Debt Collection Practices Act (FDCPA) and the Bankruptcy Code.
Consumer Sentiment: negative
Topics: Debt collection, Bankruptcy, Credit card debt
AI Analysis
CFPB complaint 9987795 was filed against BANK OF AMERICA, NATIONAL ASSOCIATION regarding Debt collection (Credit card debt), specifically about "Attempts to collect debt not owed". A consumer filed a complaint against Bank of America regarding attempts to collect debt that had already been discharged in bankruptcy. The complaint was received on August 31, 2024 from Colorado. The company responded with "Closed with explanation".
What You Should Do -- Consumer Action Plan
If a debt has been discharged in bankruptcy, consumers should inform the debt collector in writing and provide proof of the discharge order.
Legal Context & Consumer Protection Laws
The FDCPA prohibits debt collectors from using deceptive or unfair practices, including attempting to collect debts that are not legally owed.
Regulatory Insight
Regulators closely monitor debt collection practices, especially concerning post-bankruptcy collection attempts, as these can lead to significant penalties.
Resolution Likelihood
likely
State-Specific Consumer Protections
In Colorado, as in other states, bankruptcy discharge orders are legally binding and protect consumers from further collection efforts on discharged debts.
Industry Comparison
This issue is common in the debt collection industry, where errors in tracking discharged debts can lead to violations.
Related Issues
Frequently Asked Questions
What is CFPB complaint 9987795 about?
CFPB complaint 9987795 involves Debt collection (Credit card debt). The consumer reported an issue with "Attempts to collect debt not owed", specifically "Debt was already discharged in bankruptcy and is no longer owed". This complaint was filed against BANK OF AMERICA, NATIONAL ASSOCIATION on August 31, 2024.
Which company is complaint 9987795 filed against?
Complaint 9987795 was filed against BANK OF AMERICA, NATIONAL ASSOCIATION. You can view all complaints against this company on their profile page at /company/bank-of-america-national-association.
What was the company's response to complaint 9987795?
BANK OF AMERICA, NATIONAL ASSOCIATION responded with "Closed with explanation". The response was marked as timely by the CFPB.
When was complaint 9987795 filed?
Complaint 9987795 was received by the CFPB on August 31, 2024. It was sent to BANK OF AMERICA, NATIONAL ASSOCIATION on August 31, 2024.
What state was complaint 9987795 filed from?
Complaint 9987795 was filed from Colorado. You can view all complaints from this state at /state/CO.
Was the consumer satisfied with the resolution of complaint 9987795?
Dispute information is not available for complaint 9987795.
What product category is complaint 9987795 about?
Complaint 9987795 is categorized under "Debt collection", specifically "Credit card debt". This is one of the product categories tracked by the CFPB.
How was complaint 9987795 submitted?
Complaint 9987795 was submitted via Web. The CFPB accepts complaints through web, phone, mail, email, fax, and referral channels.
What are the consumer's legal options for complaint 9987795?
The FDCPA prohibits debt collectors from using deceptive or unfair practices, including attempting to collect debts that are not legally owed. This relates to a Debt collection complaint against BANK OF AMERICA, NATIONAL ASSOCIATION involving "Attempts to collect debt not owed".
How likely is complaint 9987795 to be resolved?
Resolution likelihood: likely. The company's current response is "Closed with explanation". The company did respond in a timely manner, which is a positive indicator.
What does the risk level mean for complaint 9987795?
This complaint is rated as high risk. Attempting to collect a debt that has been legally discharged in bankruptcy is a serious violation of federal law, specifically the Fair Debt Collection Practices Act (FDCPA) and the Bankruptcy Code.
What regulatory actions apply to complaint 9987795?
Regulators closely monitor debt collection practices, especially concerning post-bankruptcy collection attempts, as these can lead to significant penalties. The CFPB tracks complaints like this one to identify patterns of misconduct across the Debt collection industry.
What should the consumer do about complaint 9987795?
If a debt has been discharged in bankruptcy, consumers should inform the debt collector in writing and provide proof of the discharge order.
Are there state-specific protections for complaint 9987795?
In Colorado, as in other states, bankruptcy discharge orders are legally binding and protect consumers from further collection efforts on discharged debts. This complaint was filed from Colorado.
How does complaint 9987795 compare to industry norms?
This issue is common in the debt collection industry, where errors in tracking discharged debts can lead to violations.
What are the potential consequences for a debt collector attempting to collect a debt discharged in bankruptcy?
Consequences can include FDCPA violations, requiring the debt collector to cease collection, pay damages to the consumer, and potentially face regulatory action.
How can a consumer prove a debt was discharged in bankruptcy?
A consumer can provide a copy of the bankruptcy court's discharge order to the debt collector as proof.
Disclaimer
This analysis is AI-generated and does not constitute legal advice.