Consumer complaint received 2022-10-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
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 a lawful right to privacy and that right has been violated by Account Name : XXXX Account # XXXX Account Name : CAPITAL ONE # XXXX Account Name : CAPITAL ONE # XXXX They have violated 15 U.S. Code 1681 Section 602 of the Fair Credit Reporting Act which states : 15 U.S. Code 1681 Section 602- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( XXXX ) 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. 

A consumer reporting agency may Not furnish my consumer report without written instruction from me under 15 U.S. Code 1681b Section 604 which states : 15 U.S. Code 1681b Section 604- Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( XXXX ) In accordance with the written instructions of the consumer to whom it relates. 

I HAVE NOT PROVIDED WRITTEN INSTRUCTION TO : Account Name : XXXX Account # XXXX Account Name : CAPITAL ONE # XXXX Account Name : CAPITAL ONE # XXXX TO FURNISH MY CONSUMER REPORT. THIS VIOLATES 15 U.S. Code 1681b.

They are also in violation of 15 U.S. Code 6802 which reads : 15 U.S. 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 ( XXXX ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( 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 Please see the attached documents that reflect attempts made in order to protect my privacy. These violations have caused a tremendous amount of stress for me, on my family, and household all together. 

15 U.S. Code 1681c Section 605 states that there are requirements relating to information contained in my consumer report and reads : 15 U.S. Code 1681c Section 605- Requirements relating to information contained in consumer reports ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information ( XXXX ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

I have committed no crimes so again, my rights continue to be violated here with these accounts being contained in my consumer reports.

The Consumer Law states that it is the duty of the furnishers of information to provide accurate information.

15 U.S. Code 1681sXXXX ( A ) ( XXXX ) Section 623- Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( XXXX ) 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. 
Account XXXX : XXXX Account # XXXX reports 25 derogatory marks for a charged/written off balance on my consumer reports. Proof of late payments have been requested via certified mail for all 3 accounts, to no avail. Yet they remain on my consumer report without my consent and with conflicting invalidated information. I have included attachments supporting my attempts to protect my privacy

Company response to consumer: Closed with explanation