Consumer complaint received 2023-08-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting 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 section ( 4 ) states There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX is a consumer reporting agency, and I am the consumer. 

Part I 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( A ) Reporting information with actual knowledge of errors 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.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

1 ) It was shared that the below addresses are non-mailable and need to be removed immediately. 

XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ) It was shared that the below name is not accurate. 

XXXX XXXX XXXX Once XXXX, CapitalOne, and XXXX, have been notified of the inaccurate information, they must immediately stop reporting that information until proof that it is valid. Please provide the same proof required of the consumer ( Bank statement, contract, identification etc. ) confirming the above addresses/name are valid. 

Part II 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX, Capital One, has violated the exclusions by reporting the below transactions. 

Capital One Account number ending in XXXX Showing XXXX transactions reported ( page XXXX ) XXXX Account ending in XXXX Showing XXXX XXXX reported ( page XXXX ) Part XXXX 20 U.S. Code 1232g - Family educational and privacy rights The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974, that protects the privacy of students education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 

XXXX and XXXX/Dept of ED are showing in the credit report ( pages XXXX ) Part IV 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 

XXXX and XXXX XXXX XXXX and Capital One have violated this agreement by providing derogatory marks. 

XXXX XXXX XXXX ( page XXXX ) Capital One ( page XXXX ) Part V Department of the Treasury , Internal Revenue Services Publication XXXX XXXX XXXX No. 5108F Canceled Debts, Foreclosure, Repossessions, and Abandonments. Certificate of Indebtedness, and income can not be documented on the credit report. 

XXXX and Capital One violated by posting a charge-off ( Page XXXX ) Part VI 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

XXXX, Capital One, XXXX and XXXX XXXX XXXX by violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.

Part VII 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure There are 91 individual violations that were violated after written notification was mailed. Failure to comply with the requirements imposed under The Fair Credit Reporting Act, is a total of {$91000.00} of the {$1000.00} per violation for actual damages sustained.

Company response to consumer: Closed with non-monetary relief