Consumer complaint received 2023-06-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
I am writing to bring to your attention several potential violations of the Fair Credit Reporting Act ( FCRA ) and the Texas Finance Code related to my credit card account with Capital One Bank. It has come to my attention that Capital One Bank has reported inaccurate and conflicting information to multiple consumer reporting agencies ( CRAs ), which has had a detrimental impact on my creditworthiness. I kindly request your assistance in addressing these issues and seeking a resolution. 

Firstly, I believe Capital One Bank has violated the Texas Finance Code Section 392.304 by reporting inconsistent information to different CRAs. Specifically, the dates of account opened, credit limits, and dates of last activity reported by Capital One Bank differ among the various CRAs. This inconsistent reporting not only violates Texas law but also misrepresents my credit history and financial behavior, potentially causing harm to my creditworthiness and future financial opportunities. 

Furthermore, it has come to my attention that Capital One Bank has reported a monthly payment of {$0.00} to all consumer reporting agencies. This erroneous reporting not only misrepresents my payment history but may also contribute to a misunderstanding of my financial responsibility and ability to meet credit obligations. This violation of the Fair Credit Reporting Act undermines the accuracy and integrity of my credit report. 

As per Section 17.505 ( a ) of the Texas Business and Commerce Code, I am obligated to provide you with written notice of my specific complaint and the damages incurred before pursuing legal action. Therefore, I hereby provide written notice of these potential violations and the economic damages, damages for mental anguish, and expenses, including attorneys ' fees, reasonably incurred by me in asserting this claim. However, I am open to resolving this matter amicably and would prefer to avoid legal action if possible. 

In accordance with my rights under the FCRA, I request a written inspection of the loan documents and related records pertaining to my credit card account. This includes but is not limited to any agreement, promissory note, billing statements, payment history, and any data or information given to CRAs that are relevant to my claim against Capital One Bank. I kindly ask that you arrange for this inspection within 10 days of receiving this notice. 

I would like to stress the importance of prompt attention to this matter. Should Capital One Bank fail to address and resolve these potential violations within the 60-day notice period, I reserve my right to pursue legal action seeking damages under Section 17.50 of the Texas Business and Commerce Code . I have attached an affidavit in support of my claims for your reference.

I kindly request your immediate intervention and assistance in investigating this matter and ensuring the accuracy and integrity of my credit report. Please keep me informed of your progress and any actions taken to address this issue.

Company response to consumer: Closed with explanation