Consumer complaint received 2022-12-15
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:
Default and Opportunity to Cure Notice : Re : ACCT # XXXX Capital One Case : XXXX CFPB Case : XXXX Date : XX/XX/XXXX To Whom it May Concern : This is a response to Capital One, a financial institution, regarding a previous Consumer Financial Protection Bureau Complaint ( Case # XXXX ). Please be advised that my initial complaint that was filed on XX/XX/XXXX through the Consumer Financial Protection Bureau was not a verification or validation of the Consumer Transaction which will constitute a dispute. The initial complaint was a Cease and Desist Letter, which is not a basis to open a thirty ( 30 ) day dispute. I respectfully requested Capital Ones financial institution to Cease and Desist from sharing my non-public personal information to non-affiliated third parties per 15 USC 6801 and 15 USC 6802 also known as the Gramm-Leech Bliley Act. Furthermore, Capital One, decided to take it upon themselves to respond back regarding a different Capital One account on my consumer file that was not the account that has the complaint against. I sent a Cease and Desist Letter to Capital One for ACCT # XXXX. Capital One responded regarding ACCT # ending in XXXX which is unfair and partial hence I do not know the full account number since it is XXXX  off on my consumer file. I firmly believe this is a stall tactic from Capital One to following through with my requests/demands. Capital One did respond to my Cease and Desist Letter, on XX/XX/XXXX, but failed to Cease and Desist the ACCT # XXXX and has also failed to show proper documentation for a clear and conspicuous opt out clause. It has come to my attention that Capital One, a financial institution, defaulted in my previous demands regarding a cease-and-desist letter to stop the unconsented sharing of my non-public personal information to non-affiliated third parties ( i.e., XXXX, XXXX, and XXXX XXXX regarding ACCT XXXX XXXX. It has also come to my attention from that same response, that Capital One has defaulted in providing the proper documentation that I requested of where it clearly and conspicuously gives an opt-out clause in their Customer Agreement per 15 USC 6802 , 15 USC 6803 and 15 USC 6809 . Since they responded, but not in the way they were suppose to, this is default. This is the notice of default letter. Capital One provided a brief response to my complaint as well as a Customer Agreement PDF, but that Consumer Agreement is not compliant with federals laws, including but not limited to, 15 USC 6801, 15 USC 6802, 15 USC 6803, and 15 USC 6809 ( Please see exhibit of Capital Ones Customer Agreement. ) Capital One has unlawfully made an unauthorized use of my non-public personal information without my verbal or written consent. However, I have already respectfully requested this financial institution to abide by the federal laws and to cease and desist from sharing such information. In the same complaint, I requested Capital One to disclose the documentation in their Customer Agreement showing Capital Ones opt-out clause for consumer reporting. However, Capital One Defaulted on my last complaint by not proving the requested documents and defaulted by continuing to share my non-public personal information without my consent. This financial institution is still fraudulently and unlawfully reporting on my consumer report, even after the Cease and Desist Letter. Capital One responded to my initial complaint on XX/XX/XXXX, that was filed on XX/XX/XXXX, with a statement that they are reporting accurately on my consumer report and how they disagree with federal law regarding my consumer privacy rights. As mentioned above, that complaint was not a verification and validation of reporting accurately it was a cease-and-desist letter that was not taken seriously. Capital One is in violation of the Fair Credit Reporting Act ( FCRA ) since they are disregarding my rights to privacy. The FCRA clearly states under 15 USC 1681 Section 602 A. I have the right to privacy. 15 USC 1681 Section 604 A. Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. Capital One is also violating federal law since they have not complied with 15 USC 6802 ( B ) ( 1 ) or 15 USC 6803 ( A ) ( 1-3 ), for proper disclosures. Per 15 USC 6802 ( B ) ( 1 ) A financial institution may not disclose to a non-affiliated third party of any nonpublic information unless the financial institution provides or has provided to the consumer a notice that complies with 15 USC 6803. Per 15 USC 6803 ( A ) At the time of establishing a customer relationship with the consumer, and not less than annually during the continuation of such relationship, a financial institution, shall provide clear and conspicuous disclosure to such a consumer, in writing or in electronic form. Capital One is not compliant with federal law regarding 15 USC 6802 and 15 USC 6803. Per Capital Ones statement in their response on XX/XX/XXXX, to my complaint was you believe your right to privacy prevents us from reporting your account to the CRAs. Not only do I believe that, but it is federal law. Per 15 USC 1681 Section 602 A. States I have the right to privacy. 15 USC 1681 Section 604 A. Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. Capital One never had permissible purpose. My rights to privacy have been violated by Capital One and Capital One believes their company policy and/or Customer Agreement trumps federal law. Capital Ones Customer Agreement is not compliant with 15 USC 6802 or 15 USC 6803. In addition to not being compliant, this Customer Agreement does not hold a signature of my name. Who said I agreed to their Customer Agreement/ Credit Reporting to begin with? I have already filed an FTC complaint on this matter as well as an Attorney General Complaint regarding the non-compliance to federal law. I demand this company to remove the above stated account from all consumer reporting agencies and all other non-affiliated third parties per federal law. This is my right to privacy. However, although Capital One has defaulted to my requests in a previous complaint, I am offering an opportunity to cure this situation. I will be attaching valid proof that this financial institution has violated my federally protected consumer rights as well as caused me harm and damages due to their unlawful consumer reporting practices. Capital One has also caused me mental anguish, distress, pain and suffering. I have been denied credit card applications, vehicle loans, additional lines of credit, and mortgages due to this company fraudulently reporting on my behalf without my verbal or written consent. I have endured years of pain and suffering from Capital One. Nevertheless, I hereby provide CAPITAL ONE, the opportunity to cure this matter by completing the following demands with validation/proof of completing these demands in writing within 10 days of receiving this notice : ( 1 ) Complete deletion of the or ACCT # XXXX from all consumer reporting agencies and all other non-affiliated third parties, according to federal law, ( 2 ) payment in full as per the attached invoice for all the violations committed under the FCRA along with all the pain suffering Ive endured , ( 3 ) and to respect my rights as a federally protected consumer. I demand the following list of items be completed in writing within 10 days of receiving this notice. This financial institution, CAPITAL ONE, failed to respond appropriately to my previous requests regarding sharing of my nonpublic personal information to non-affiliated third parties, which is direct infringement of my consumer rights per the FCRA. Attached will be my invoice of { {$5000.00} } to be paid in full for the violations along with the pain and suffering this institution has caused me. If this company ignores my requests, I will not hesitate to escalate this matter to a federal complaint. Please see the attached exhibits to verify my case : my invoice, my Federal Trade Commission Report ( FTC ) report regarding this account, all correspondence with Capital One, my initial CFPB complaint that was defaulted on that clearly shows my Cease-and-Desist Letter to Capital One, my initial CFPB complaint where it clearly shows my demands to see the the opt-out clause in Capital Ones agreement; valid proof that Capital One ACCT # XXXX is still fraudulently reporting on recent credit reports last dated XX/XX/XXXX ; and the Capital Ones Customer Agreement file that was sent to me as proof of consumer reporting that is clearly non-compliant with federal laws 15 USC 6801, 15 USC 6802 , 15 USC 6803, 15 USC 1681, and 15 USC 6809. If Capital One ignores this request for Opportunity to Cure, I will not hesitate to escalate this matter to a federal complaint.

Company response to consumer: Closed with explanation