Consumer complaint received 2022-12-13
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
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:
I have sent letters with green return receipts to Capital One ( account number ending XXXX ) requesting my disclosures of their institutions privacy policy in regards to my rights that I have NEVER received. I have also called Capital One on XX/XX/XXXX, XX/XX/XXXX and the representative stated that there were XXXX late payments. XXXX on XXXX, XXXX on XXXX and XXXX on XXXX which were inaccurate and for the current year none. XX/XX/XXXX I spoke to XXXX and a supervisor by the name of XXXX, and on XX/XX/XXXX I spoke to XXXX XXXX. I have sent the letters to Capital One and requested my disclosures and that I did not want my personal information reported on no consumer reports which are third parties and NEVER GOT A RESPONSE. I was not given any forms with an option to opt out of my information being reported which is against the Law. I also disputed with Capital One that the dates were inaccurate on all my consumer reports. I have not got a notice from Capital One stating that these negative remarks were going to be placed on my consumer report which according to congress is unfair and abusive practices. I have also disputed with the consumer reporting agencies ( XXXX, XXXX AND XXXX ) 6 times this year to verify the account putting them on notice that the late payment information should be corrected and when they did not correct it I asked for it to be deleted off my consumer reports for inaccuracy AND that I did not give PERMISSION for them to report my personal information. According to congress I am supposed to receive these disclosures from Capital One giving me the option to opt out from having my personal information, experiences and any transactions being reported to third party agencies which I did not and do not give permission to do so. I am EXTREMELY exhausted disputing with the consumer agencies and Capital one reporting inaccurate, NONPUBLIC PERSONAL INFORMATION, TRANSACTIONS AND EXPERIENCES on my consumer report WITHOUT MY PERMISSION. Congress gives me the right to opt out. A FINANCIAL INSTITUTION may not directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice. Congress also states that the information reported MUST BE ACCURATE. My rights have been violated under these sections listed below : 15 U. CODE 6802 OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 

( b ) Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

15 U.S CODE 6801- PROTECTION OF NONPUBLIC INFORMATION ( a ) Privacy obligation policy 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.

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

15 U.S CODE 6803- DISCLOSURE OF INSTITUTION PRIVATE INFORMATION ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution ; and ( 3 ) protecting the nonpublic personal information of consumers.

15 U.S CODE 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.

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 ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; 15 U.S CODE 1681b- PERMISSIBLE PURPOSE OF CONSUMER REPORTS ( a ) In generalSubject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

AND, 15 U.S CODE 1681s-2 RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( 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.

( 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.

15 U.S CODE 1681n- CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE ( a ) In generalAny 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 ( 1 ) ( 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}

Company response to consumer: Closed with explanation