Consumer complaint received 2023-09-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Report provided to employer without your written authorization

Complaint:
I have Witnessed a charge off on my credit report, regarding CAPITAL ONE on Account/Reference No. XXXX. are in trespass of XXXX XXXX XXXX and his private information. Under the Privacy Act of 1974 there was a violation on CAPITAL ONE charge off which discloses reported Transactions History to XXXX, and XXXX, which I did not consent too. It is Illegal to report Transaction History According to the Privacy Act of 1974 and Security Fraud for selling my contract to another lender. Which is a violation with the Consumer Financial Protection Bureau. I am requesting CAPITAL ONE- to remove any and all Transaction History According to the Privacy Act of 1974, and inaccuracy on Account XXXX XXXXXXXX with XXXX, XXXX, and XXXX or I will be forced to report you to Consumer Financial Protection Bureau. XXXX send me 1099 for this item for my tax purchase because my accounting is Requesting it because they saw it on my credit report as a charge-off. I would greatly appreciate all your help. XXXX2 CFR 1022.3 definition : identity theft means a fraud committed or attempted using the identifying information of another person without authority. 

A collection/charge off is considered a Certificate of indebtedness, CAPITAL ONE Securitize the account/ contract .certificate of indebtedness that specifies obligations of the borrower to the holder of the bond. The contract was securitize by the seller/creditor, which was purchased by the debt collector agency which voids out the contract with Original Creditor CAPITAL ONE for the breach of contract of the Electronic Funds Transfer Act of 1978 by not getting consent from party within contract XXXX, XXXX XXXX Authorized user doing business as XXXX XXXX XXXX and give notice of Electronic Transfer of the bond/contract principal debt to another Organization with out my consent and disclosure of electronic transfers activities between the two organizations seller Original creditor ( seller ) CAPITAL ONE and buyer. An error under Electronic Fund Transfer Act ( EFTA ) of 1978 and Regulation E includes any of the following : An unauthorized ( EFT ) Electronic Fund Transfer. An incorrect EFT to or from the consumer 's account. The omission from a periodic statement of an Electronic Fund Transfer ( EFT ) to or from the consumer 's account that should have been included. violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934. I request this account be Deleted immediately or I will be force to make a claim with Consumer Financial Bureau. 

15 USC 1681 ( i ) ( a ) ( 1A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Remove CAPITAL ONE due to, violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934 and inaccuracy of information on my credit report on XXXX reporting account type as Collection and XXXX reported as open Account on credit report. 

15 USC 1681 section 604 a 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. I am requesting CAPITAL ONE to Delete any and all Transaction History due to Privacy Act of 1974 and inaccuracy information on XXXX XXXX XXXX Credit report According to the Privacy Act of 1974 on Account # XXXX with XXXX XXXX XXXX XXXX and XXXX or I will be forced to report you to Consumer Financial Protection Bureau and make a complaint to XXXX XXXX XXXX XXXX " 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may 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 than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. The financial institution and the Consumer reporting agencies XXXX XXXX, and XXXX do not have my consent to furnish Private Transactions of history of any information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

15 USC 6809 ( 4 ) ( a ) Non Public Personal information- A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of USC title 15. ) 15 U.S. Code 1681s2 ( 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 U.S. Code 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 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out any and all authorization I XXXX XXXX XXXX the consumer may have given you written and unwritten verbal and non verbal per 15 USC 6802. I am requesting CAPITAL ONE to delete any and all Transaction History due to the privacy act of 1934 and inaccuracy on Account # XXXX with XXXX XXXX XXXX and XXXX XXXX I will be forced to report you to Consumer Financial Protection Bureau with a civil money penalty {$1000.00} per violations, I wish for your company not to be in dishonor, but if so I have no choice but to sue and file a complaint with the XXXX XXXX XXXX XXXX 
5 USC 552a : Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published I have Witnessed a charge off on my credit report, regarding CAPITAL ONE on Account/Reference No. XXXX. are in trespass of XXXX XXXX XXXX and his private information. Under the Privacy Act of 1974 there was a violation on CAPITAL ONE charge off which discloses reported Transactions History to XXXX, and XXXX, which I did not consent too. It is Illegal to report Transaction History According to the Privacy Act of 1974 and Security Fraud for selling my contract to another lender. Which is a violation with the Consumer Financial Protection Bureau. I am requesting CAPITAL ONE- to remove any and all Transaction History According to the Privacy Act of 1974, and inaccuracy on Account # XXXX with XXXX, XXXX, and XXXX or I will be forced to report you to Consumer Financial Protection BureauXXXX XXXX send me 1099 for this item for my tax purchase because my accounting is Requesting it because they saw it on my credit report as a charge-off. I would greatly appreciate all your help. 12 CFR 1022.3 definition : identity theft means a fraud committed or attempted using the identifying information of another person without authority. 

A collection/charge off is considered a Certificate of indebtedness, CAPITAL ONE Securitize the account/ contract .certificate of indebtedness that specifies obligations of the borrower to the holder of the bond. The contract was securitize by the seller/creditor, which was purchased by the debt collector agency which voids out the contract with Original Creditor CAPITAL ONE for the breach of contract of the Electronic Funds Transfer Act of 1978 by not getting consent from party within contract XXXX, XXXX XXXX XXXX XXXX doing business as XXXX XXXX XXXX and give notice of Electronic Transfer of the bond/contract principal debt to another Organization with out my consent and disclosure of electronic transfers activities between the two organizations seller Original creditor ( seller ) CAPITAL ONE and buyer. An error under Electronic Fund Transfer Act ( EFTA ) of 1978 and Regulation E includes any of the following : An unauthorized ( EFT ) Electronic Fund Transfer. An incorrect EFT to or from the consumer 's account. The omission from a periodic statement of an Electronic Fund Transfer ( EFT ) to or from the consumer 's account that should have been included. violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934. I request this account be Deleted immediately or I will be force to make a claim with Consumer Financial Bureau. 

15 USC 1681 ( i ) ( a ) ( 1A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Remove CAPITAL ONE due to, violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934 and inaccuracy of information on my credit report on XXXX reporting account type as Collection and XXXX reported as open Account on credit report. 

15 USC 1681 section 604 a 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. I am requesting CAPITAL ONE to Delete any and all Transaction History due to Privacy Act of 1974 and inaccuracy information on XXXX XXXX XXXX Credit report According to the Privacy Act of 1974 on Account # XXXX with XXXX XXXX XXXX XXXX and XXXX or I will be forced to report you to Consumer Financial Protection Bureau and make a complaint to XXXX XXXX XXXX XXXX " 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may 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 than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. The financial institution and the Consumer reporting agencies XXXX XXXX, and XXXX do not have my consent to furnish Private Transactions of history of any information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

15 USC 6809 ( 4 ) ( a ) Non Public Personal information- A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of USC title 15. ) 15 U.S. Code 1681s2 ( 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 U.S. Code 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 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out any and all authorization I XXXX XXXX XXXX the consumer may have given you written and unwritten verbal and non verbal per 15 USC 6802. I am requesting CAPITAL ONE to delete any and all Transaction History due to the privacy act of 1934 and inaccuracy on Account # XXXX with XXXX XXXX XXXX and XXXX XXXX I will be forced to report you to Consumer Financial Protection Bureau with a civil money penalty {$1000.00} per violations, I wish for your company not to be in dishonor, but if so I have no choice but to sue and file a complaint with the XXXX XXXX XXXX XXXX 
5 USC 552a : Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published I have Witnessed a charge off on my credit report, regarding CAPITAL ONE on Account/Reference No. XXXX. are in trespass of XXXX XXXX XXXX and his private information. Under the Privacy Act of 1974 there was a violation on CAPITAL ONE charge off which discloses reported Transactions History to XXXX, and XXXX, which I did not consent too. It is Illegal to report Transaction History According to the Privacy Act of 1974 and Security Fraud for selling my contract to another lender. Which is a violation with the Consumer Financial Protection Bureau. I am requesting CAPITAL ONE- to remove any and all Transaction History According to the Privacy Act of 1974, and inaccuracy on Account # XXXX with XXXX, XXXX, and XXXX or XXXX will be forced to report you to Consumer Financial Protection BureauXXXX XXXX send me 1099 for this item for my tax purchase because my accounting is Requesting it because they saw it on my credit report as a charge-off. I would greatly appreciate all your help. 12 CFR 1022.3 definition : identity theft means a fraud committed or attempted using the identifying information of another person without authority. 

A collection/charge off is considered a Certificate of indebtedness, CAPITAL ONE Securitize the account/ contract .certificate of indebtedness that specifies obligations of the borrower to the holder of the bond. The contract was securitize by the seller/creditor, which was purchased by the debt collector agency which voids out the contract with Original Creditor CAPITAL ONE for the breach of contract of the Electronic Funds Transfer Act of 1978 by not getting consent from party within contract XXXX, XXXX XXXX Authorized user doing business as XXXX XXXX XXXX and give notice of Electronic Transfer of the bond/contract principal debt to another Organization with out my consent and disclosure of electronic transfers activities between the two organizations seller Original creditor ( seller ) CAPITAL ONE and buyer. An error under Electronic Fund Transfer Act ( EFTA ) of 1978 and Regulation E includes any of the following : An unauthorized ( EFT ) Electronic Fund Transfer. An incorrect EFT to or from the consumer 's account. The omission from a periodic statement of an Electronic Fund Transfer ( EFT ) to or from the consumer 's account that should have been included. violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934. I request this account be Deleted immediately or I will be force to make a claim with Consumer Financial Bureau. 

15 USC 1681 ( i ) ( a ) ( 1A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Remove CAPITAL ONE due to, violation of Electronic Transfer Act of 1978, violation of Securities Exchange Act of 1934 and inaccuracy of information on my credit report on XXXX reporting account type as Collection and XXXX reported as open Account on credit report. 

15 USC 1681 section 604 a 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. I am requesting CAPITAL ONE to Delete any and all Transaction History due to Privacy Act of 1974 and inaccuracy information on XXXX XXXX XXXX Credit report According to the Privacy Act of 1974 on Account # XXXX with XXXX XXXX XXXX XXXX and XXXX or I will be forced to report you to Consumer Financial Protection Bureau and make a complaint to XXXX XXXX XXXX . " 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may 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 than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. The financial institution and the Consumer reporting agencies XXXX XXXX, and XXXX do not have my consent to furnish Private Transactions of history of any information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

15 USC 6809 ( 4 ) ( a ) Non Public Personal information- A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of USC title 15. ) 15 U.S. Code 1681s2 ( 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 U.S. Code 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 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out any and all authorization I XXXX XXXX XXXX the consumer may have given you written and unwritten verbal and non verbal per 15 USC 6802. I am requesting CAPITAL ONE to delete any and all Transaction History due to the privacy act of 1934 and inaccuracy on Account # XXXX with XXXX XXXX XXXX and XXXX XXXX I will be forced to report you to Consumer Financial Protection Bureau with a civil money penalty {$1000.00} per violations, I wish for your company not to be in dishonor, but if so I have no choice but to sue and file a complaint with the XXXX XXXX XXXX  XXXX 
5 USC 552a : Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published

Company response to consumer: Closed with explanation