Consumer complaint received 2023-08-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
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:
As a consumer I have researched and discovered that there have been multiple reporting violations to not only my privacy but accuracy of information. This has causes hinderance in my daily life as a consumer as I have tried to resolve these reporting issues plenty of time only to receive denial and rejection of every attempt when removing inaccurate items from my credit report. I have attached a letter directed to 3 main financial institutions and 3 main Credit reporting agencies that have hindered my progress as a consumer and created great hardship and mental strain. Please refer to the attached letter for further details of this situation. 

I have noticed multiple inaccuracies and unfair consumer reporting practices amongst XXXX, XXXX, and XXXX along with Capital One Auto Finance, XXXX, and XXXX XXXX which are financial institutions that have negatively impacted my credit report. They are in direct violation of the Fair Credit Reporting Act 15 USC 1681 section 602 a which states " 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. '' XXXX. XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared this rule is mentioned in 15 USC 6801 which states '' 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. " Capital One Auto Finance, XXXX, and XXXX XXXX are all financial institutions by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), 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. Capital One Auto Finance, XXXX, and XXXX XXXX, the financial institutions and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. 

Any and all consent to XXXX, XXXX, XXXX, Capital One Auto Finance, Stellantis, and XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " 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. '' Capital One Auto Finance, XXXX, and XXXX XXXX never informed me of my right to exercise my nondisclosure option. 
Not only that 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 antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 

15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' 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. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. I, XXXX XXXX XXXX, am opting out of your reporting services. Any and all reports that have previously unlawfully reported must be removed upon notice of this letter.

Company response to consumer: Closed with explanation