Consumer complaint received 2023-08-29
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OR
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:
I am writing to formally dispute the recent disclosure of my non-public personal information to the non-affiliated third party, XXXX, by your institution. I am deeply concerned that your institution may not have complied with its legal obligations as defined under the United States Code. 

As stipulated by 15 U.S. Code 6801 ( a ), it is unequivocally the obligation of financial institutions to protect consumers ' non-public personal information. Furthermore, according to 15 U.S. Code 6801 ( b ), financial institutions are required to establish appropriate standards to ensure the security and confidentiality of customer records and information, protect against potential threats or hazards to the integrity of these records, and prevent unauthorized access to or use of such records or information, which could result in substantial harm or inconvenience to any customer.

My dispute centers on the following issues : Lack of Consent : I did not provide my explicit consent for the disclosure of my non-public personal information to XXXX. Under federal law, such consent is mandatory before sharing such information with non-affiliated third parties.

Failure to Provide Opt-Out Notice : I have not received any opt-out notice from your institution as required by 15 U.S. Code 6802 ( b ). The law clearly mandates that consumers must be given the opportunity to opt-out of having their information shared with non-affiliated third parties.

Lack of Disclosures : Furthermore, I have not been provided with the proper disclosures as mandated by 15 U.S. Code 6803 ( a ). These disclosures are vital for consumers to understand how their non-public personal information may be shared and for what purposes. 

Given these significant concerns, I hereby request a thorough investigation into this matter. If it is found that my non-public personal information has indeed been disclosed to XXXX without the required opt-out notice and disclosures, I insist that this reported information must be promptly deleted in accordance with federal law. 

I remind your institution that it is not only bound by these legal obligations to protect customer information but also has a responsibility to maintain the trust and confidence of its customers. Failure to address this issue adequately may result in severe consequences, including potential legal actions. 

To resolve this matter, I kindly request the following actions to be taken : Immediate Investigation : I request that your institution conducts a comprehensive investigation into the alleged unauthorized disclosure of my non-public personal information to XXXX. 

Removal of Disclosed Information : If it is determined that my information was disclosed without the required consent, opt-out notice, and disclosures, I request that all such information shared with XXXX be promptly removed from their records.

I expect your prompt attention to this matter, as it involves the protection of my personal financial information and your institution 's adherence to federal law. Please acknowledge receipt of this dispute letter in writing within 30 days, as required by the Fair Credit Reporting Act ( FCRA ). I've Included Attachments To Support My Case.

Company response to consumer: Closed with explanation