Consumer complaint received 2023-10-30
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Your response is indication that you have furnished and shared my consumer report without my written instructions to do so, in violation of 15 U.S. Code 1681b ( 2 ) which is an unfair act pursuant to 12 U.S. Code 5531 ( c ) ( 1 ) ( A ). I also state you have taken unreasonable advantage of my lack of understanding of the terms and conditions of your financial products and services, in violation of 12 U.S. Code 5531 ( d ) ( 2 ) ( A ) being such actions is a abusive act I have not given you direct consent as a consumer reporting agency, thinking you as a financial institution are lawfully allowed to furnish my information when the agreement to your services took placed i believed it was legal and lawful I was misinformed and confused from your abusive acts misleading acts, Capital one bank response also indicates they have violated the FCRA pursuant to 15 U.S. Code 1681 ( b ) ( f ) ( 1 ) obtained and used a consumer report for a purpose not authorized to be furnished under 15 U.S. Code 1681 ( b ) Capital one bank also indicates they have violated the FCRA pursuant to 15 U.S. Code 1681 ( b ) ( f ) ( 2 ) no certified purpose in accordance with section 1681e of the FCRA Additionally, I believe that Capital one bank actions in this matter constitute an abusive act or practice under 12 U.S.C. 5531 ( d ) ( 1 ), as they materially interfere with my ability to understand the terms and conditions of my consumer financial product or service. 

Pursuant to 12 U.S.C. 5531 ( d ) ( 2 ) Capital one bank has also taken unreasonable advantage of my lack of understanding of these terms and conditions, as well as my inability to protect my interests in selecting and using this financial product or service, and my reasonable reliance on Capital one bank to act in my interests. 

In accordance with 12 U.S. Code 5536, it is unlawful for a covered person like Capital One to offer or provide a financial product or service that does not comply with federal consumer financial laws, or to engage in any unfair, deceptive, or abusive act or practice. I therefore request that you take any action authorized under 12 U.S. CODE CHAPTER 53 SUBCHAPTER V Part E to prevent Capital One from such actions Your account is currently in a cease and desist status. A cease and desist status means that we will not communicate with you to collect on any debt owed. However, we will still send you any communications required by applicable law, your Customer Agreement, or in response to a request for information or to concerns you raised about your account. This letter is being sent in response to your request for information and/or to address specific concerns you raised about your account in your submission to the CFPB. This is neither intended to be, nor is, an attempt to collect a debt. my account is in cease and desist means to cease communication through all forms, mediums including my consumer report, you have failed the requirements of the FDCPA failure to remove account may result in a lawsuit In your request, you indicated that you believe we should not be reporting your account to the CRAs. However, according to the terms of your Customer Agreement, we may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report _Can you please show me the law that states is legal and lawful to report my information, because form my knowledge pursuant to the FCRA 15 usc 1681 ( 2 ) you may only furnish a report with the written instructions of the consumer, you can not make me believe its a requirement of law to furnish my report because that is not true Capital One is taking deliberate steps to respect individual privacy in addition to complying with privacy laws. 

To learn more about Capital One 's approach to privacy, including what information we collect and the options available to manage your personal information collected by Capital One, visit www.capitalone.com/privacy to view the Capital One Online Privacy Policy.

Your response We understand you would like us to modify the information we reported about your account.Weve confirmed that were reporting accurate information. For this reason, we are respectfully declining your request that we ask the CRAs to change the information we're reporting about this account indicate you are willfully choosing to not follow the requirements imposed pursuant to the FCRA failure to remove this account from all consumer report agencies i may file a lawsuit

Company response to consumer: Closed with explanation