Consumer complaint received 2023-11-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV
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:
The financial institution has reported personal information to XXXX, XXXX, and XXXX which under 15 USC 1681 ( 2 ) ( A ) ( i ) states that reporting XXXX history is illegal. In addition, these financial institutions have violated not only the Fair Reporting Act but also the Privacy Act of 1974. 

One of the financial institutions, XXXX XXXX XXXX a letter to my personal insurance company disclosing not only my non-public information but requested that my insurance company CLOSE my account and send them any credits that were available on my personal account. I have the right to make sure my private information is not shared which is backed by 15 USC 1601 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. XXXX is a financial institution by definition under that title. 

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. The financial institutions never informed me of my right to exercise my nondisclosure option.

12 CFR Section 1022.3 Identity theft means the fraud committed or attempted using the identifying information of another person without authority.

According to the Fair Reporting Credit Reporting Act 15 USC 1681 section 602a states, There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. XXXX, XXXX, and XXXX are consumer reporting agencies, and I am the Consumer.

15 USC 1681 section 604a 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. 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, and the financial institutions whether it be verbal, non-verbal, written, implied or otherwise is now revoked. 

Not only that 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency can 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 is against the law.

15 USC 1681 s-2 ( 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 USC 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, XXXX CFR Section XXXX states that A consumer XXXX exercise the right to opt-out at any time. I am hereby opting out of any further reporting services.

Company response to consumer: Closed with explanation