Consumer complaint received 2022-08-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
The Consumer is making this complaint with their own free will. The Consumer is aware that Capital One has practiced unlawful behavior by deceiving Capital Ones Consumers and failing to remain in compliance with Federal Regulations. The Consumer agreed to a Consumer credit transaction with Capital One and opened a charge account ending in XXXX, " the account '' on XX/XX/XXXX. Since the opening of the account, Capital One has reported inaccuracies to Consumer Reporting Agencies. According to 15 USC 1681a ( 2 ) ( A ) ( i ) Except as provided in paragraph ( 3 ), the term consumer report does not include report containing information solely as to transactions or experiences between the consumer and the person making the report. Captial One did not comply as they reported transactions each and every month including late payments made by the consumer to XXXX, XXXX, and XXXX ( Consumer Reporting Agencies. ) As of XX/XX/XXXX Capital One reported to Consumer Reporting Agencies that the account charged off with an outstanding balance of {$660.00}. The consumer never received the 1099C for the charge off amount. The consumer is aware that a charge off is the writing off of a debt and termination of Collection activity, however, the Consumer continuously received notices to make payments on the Charged Off account although the balance charged off in the amount of {$660.00}. Furthermore, the consumer has never given Capital One consent to furnish any Consumer Reports in regards to the Consumer, Capital One has not been compliance as According to 15 USC 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) 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 ; ( B ) 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 third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

The consumer is aware that Capital One is civilly liable according to 15 USC 1861r- Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agencys files to a person not authorized to receive that information shall be fined under title 18, imprisoned for not more than 2 years, or both.

Company response to consumer: Closed with explanation