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:
According to the Fair Credit Reporting Act ( 15 USC 1681, section 602a ), it is articulated that : " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Both XXXX and XXXX qualify as consumer reporting agencies, and I am the designated consumer in this context. My right to privacy, specifically to ensure that my personal information remains confidential, is underscored by 15 USC 6801 : " 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. '' For clarity, the [ Furnisher of information to credit agencies ] falls under the definition of a financial institution according to this title.

Further, 15 USC 1681, section 604a, section 2, highlights that : " In general, 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. '' Neither the [ Furnisher of information to credit agencies ], nor the consumer reporting agencies XXXX and XXXX, possess my explicit or written consent to furnish this data. I hereby revoke all forms of consent - verbal, non-verbal, written, implied, or otherwise - given to XXXX, XXXX, and the [ Furnisher of information to credit agencies ]. 

Moreover, 15 USC 6802 ( b ) ( c ) specifies : " 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. '' The [ Furnisher of information to credit agencies ] failed to notify me about my right to exercise my nondisclosure option. Additionally, 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 antedate the report by more than seven years. '' The account in question is an adverse item being reported without my consent, in direct violation of the law. Furthermore, 15 U.S. Code 1681s-2 ( A ) ( 1 ) A declares : " 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. '' While 15 U.S. Code 1681e insists : " 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. 

It appears that XXXX and XXXX are failing to uphold these reasonable procedures. Lastly, 12 CFR 1016.7 reiterates : " A consumer may exercise the right to opt out at any time. '' I am formally exercising my right and opting out of your reporting services.

Company response to consumer: Closed with non-monetary relief