Who Is Bank of America? Why Are They Calling Me?

Bank of America is an original creditor — a bank that lends directly through its own credit cards, checking overdrafts, and loans. If Bank of America is contacting you about a past-due balance, it’s collecting its own debt in its own name, not acting as a third-party debt buyer, and it generally isn’t covered by the FDCPA the way a separate collection agency would be.

Is Bank of America allowed to contact me about a past-due balance directly?

Yes — as the original lender, Bank of America collects on its own accounts using its own name, and under 15 U.S.C. § 1692a(6) a creditor collecting its own debt in its own name is generally excluded from the federal Fair Debt Collection Practices Act’s definition of “debt collector.” Other consumer-protection rules and Bank of America’s own account agreement still apply, but the FDCPA protections built specifically for third-party collectors generally don’t attach the same way. See the CFPB’s explanation of the creditor-vs-collector distinction for the full rule.

How do I know if a call claiming to be from Bank of America is real?

Verify any call, text, or letter by contacting Bank of America through the number on the back of your own card, a recent statement, or the bank’s official site — not a callback number a caller provides — since impersonation of major banks is a common scam tactic. Never provide account numbers or personal information based solely on caller ID or a number given during the call itself.

What if my Bank of America account was sold to a debt buyer instead?

Once an account is charged off and sold, the buyer — not Bank of America — becomes the party actually trying to collect, and that new owner is far more likely to be a genuine third-party debt collector covered by the FDCPA. Look up the company contacting you to check its complaint history, and see Debt Buyer for how ownership changes hands after a charge-off.

What should I do if I can’t pay a past-due Bank of America balance?

Contact Bank of America directly — through its app, online account access, or the number on your card or statement — to ask about hardship programs or payment arrangements before the account is charged off and sold. Original creditors generally have more flexibility to work with an account while they still own it than a debt buyer does after purchasing it for a fraction of the balance.