Consumer complaint received 2022-05-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TN
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Was not notified of investigation status or results

Complaint:
XX/XX/XXXX XXXX  sent me my results regarding two different accounts capital one XXXX XXXX XXXX XXXX XXXX updated XXXX XXXX  and verified capital one while looking over my results XXXX  provided to me I am in disagreement that a investigation was done properly and I believe these data furnishers didn't investigate these accounts to begin with. 

XXXX XXXX did NOT notate a NOTICE OF DISPUTE and they did NOT even report to XXXX to begin with. the last time XXXX XXXX reported any information was XX/XX/XXXX. These results were generated XX/XX/XXXX XXXX this account was not properly investigated and I did NOT receive any type of notice of dispute from XXXX XXXX either. FCRA states when a consumer reporting agencies receives information regarding a dispute from a consumer they must send the data furnisher all disputed information in order for them to do a investigation and when the data furnisher has completed their invsestigation the data furnisher must send a notice of dispute to the consumer proving they dispute with the consumer reporting agencies with their findings and that notice MUST be notated in the credit report " the remarks '' section. 

when it comes to Capital One, XXXX has Verified this account as accurate. now I have already responded asking for the procedures that were done under 15 u.s.c 1681i ( a ) ( 6 ) ( B ) ( iii ) with a tracking number. so I am awaiting for that answer in 15 days once they receive it. but take a look at the way XXXX  reported this account AFTER they claim to have Verified this account as accurate. 
First, this data furnisher capital one DID NOT report on this account since XX/XX/XXXX proving to me that this data furnisher DID NOT do a investigation to begin with, because this date would have been changed upon them verifying this account with XXXX. the remarks section also DOES NOT specify a recent investigation was done either. even if XXXX wants to come back and say that remark is a notice of dispute, the date updated proves that the remarks section is outdated because this data furnisher never investigated this account either. 

XXXX is in violation and so are these data fursnihers. I have brought these accounts to their attention based on errors, XXXX has provided me with written results as well as other consumer reporting agencies, only to justify them trying to complete their investigation in a timely manner, but that does NOT make a excuse on why these accounts were never investigated by these data fursnihers to begin with. and if these data furnishers come back and say they have did a investigation then my question is were are my notices of disputes regarding their investigation then, if they can report on my private consumer disclosure reports and they have my address what's the excuse for them not sending me this simple requirement docuement? 

these are not FCRA requirements and these data furnishers and XXXX are in non compliance and are responsible for the following violations. 

15 U.S.C 1681c ( f ) ( f ) Indication of dispute by consumer. If a consumer reporting agency is notified pursuant to section 623 ( a ) ( 3 ) 1681s-2 that information regarding a consumer who was furnisher to the agency is disputed by the consumer, the agency SHALL indicate that fact in each consumer report that INCLUDES the disputed information.

15 U.S.C 1681s-2 ( a ) ( 3 ) ( 3 ) DUTY to provide notice of dispute. If the completeness or accuracy of ANY information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. 

15 U.S.C1681e ( b ) ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it SHALL follow reasonable procedures to ASSURE maximum possible accuracy of the information concerning the individual about whom the report relates.

15 U.S.C 1681s-2 ( b ) ( E ) ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified AFTER ANY reinvestigation under paragraph ( 1 ), for purpose of reporting to a consumer reporting agency only, as appropriate based on the RESULTS of the reinvestigation promptly- ( ii ) DELETE that item of information ; or ( iii ) PERMANENTLY block the reporting of that item of information.

Under 15 U.S Code 1681s-2 ( a ) ( 2 ) ( 2 ) Duty to CORRECT and UPDATE information. A person who REGULARLY and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the persons transactions or experiences with any consumer and Has furnished to a consumer reporting agency information that the person determines is not complete or accurate, SHALL promptly notify the consumer reporting agency of that determination and provide to the agency ANY corrections to that information, or any additional information, that is necessary to make the information provided by the person to the angency complete and accurate, and SHALL NOT therafter furnish to the agency ANY of the information that remains not complete or accurate. 

623 15 U.S.Code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies DUTY of furnishers of information to PROVIDE ACCURATE INFORMATION PROHIBITATION 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. 
Reporting information AFTER not and CONFIRMATION of errors. 
A person SHALL NOT furnish information relating to a consumer to ANY consumer reporting agency if the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and the information is, in fact, INACCURATE. 

15 U.S.C 1681 ( a ) ( 4 ) ( 4 ) there is a need to insure that consumer reporting agencies exercise their grave responsibilities with FAIRNESS, IMPARTIALITY, and a RESPECT for the consumer RIGHT TO PRIVACY.

15 U.S.C 6802 ( b ) ( b ) OPT OUT In General A financial institution may not disclose nonpublic personal information to a nonaffiliated third party ( the consumer reporting agencies ) unless- ( A ) such financial institution CLEARLY and CONSPICUOUSLY disclosed to the consumer, in writing or in electronic form or other form permitted by the regulations prescribes under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) The consumer is given the opportunity, ( I have a chance to say no ) 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. ( information needed to be expressed before my information was reported. )

Company response to consumer: Closed with explanation