Consumer complaint received 2023-02-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Institutions covered by the Gramm-Leach-Bliley Act must tell their customers about their information-sharing practices and explain to customers their right to " opt out '' if they don't want their information shared with certain third parties. Pursuant to the Gramm-Leach-Bliley Act and 15 USC 6802 ( b ) ( 1 ) A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- such financial institution clearly and conspicuously DISCLOSES to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Notice, congress said that the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The fact that I was never given an explanation of how I can exercise that nondisclosure option is immediate grounds for removal. The Privacy Rule applies to businesses that are " significantly engaged '' in " financial activities '' as described in section 4 ( k ) of the Bank Holding Company Act. Your activities determine whether you are a " financial institution '' under the Privacy Rule. According to the Bank Holding Company Act provision and regulations established by the Federal Reserve Board, " financial activities '' include : lending, exchanging, transferring, investing for others, or safeguarding money or securities. These activities cover services offered by lenders, check cashers, wire transfer services, and sellers of money orders. providing financial, investment or economic advisory services. These activities cover services offered by credit counselors, financial planners, tax preparers, accountants, and investment advisors. brokering loans. servicing loans. debt collecting. providing real estate settlement services. career counseling ( of individuals seeking employment in the financial services industry ). The Gramm-Leach-Bliley Acts notice and opt out provisions are in addition to the obligations imposed by the Fair Credit Reporting Act ( FCRA ). 
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Capital One is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states 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. Capital One the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, Capital One whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option Capital One Never informed me of my right to exercise my nondisclosure option. Not only that 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 convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.

Company response to consumer: Closed with explanation