Consumer complaint received 2023-08-09
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
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:
The companies receiving this complaint are inaccurately reporting multiple accounts and continue to do so although other consumer reporting agencies have removed these items and I have submitted proof that they have deleted these items as of XX/XX/2023 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 consumer 's right to privacy. XXXX and XXXX are consumer reporting agencies and I am the ConsumeXXXX. 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 XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its consumers and to protect the security and confidentiality of those customers ' nonpublic personal information. '' CAPITAL ONE is a financial institutions by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to sub section ( 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. '' So again CAPITAL ONE the financial institutions and the consumer reporting agencies XXXX and XXXX DO NOT have my consent to furnish any information. Furthermore XXXX, XXXX, and CAPITAL ONE, also DO NOT have my written consent. I have stated this in writing in the past and am doing so again now. Any and all consent to XXXX, XXXX, and CAPITAL ONE, whether it be written, verbal, non-verbal, implied, or otherwise, is revoked. CAPITAL ONE, also has never informed me of my right to exercise my nondisclosure option. 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. As stated above this was never done, Furthermore 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. '' XXXX, TRANSUNTION, and CAPITAL ONE are reporting an adverse item and again they are reporting 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 1861C of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX and XXXX are not maintaining reasonable procedures. Under 12 CFR 1016.7 " A consumer may exercise the right to opt out at any time. CAPITAL ONE I the consumer again as I have in the past, I the consumer am opting our of your reporting services. CAPITAL ONE is also reporting income. A charge off is a certificate of indebtedness and is considered income under IRS Publication 4681. A certificate of indebtedness is income which can not be reported to a consumer report. A 1099 was filed by CAPITAL ONE to charge off, not only did they not send me my copy but they continue to report these items illegally.

Company response to consumer: Closed with explanation