Consumer complaint received 2022-10-23
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I RECENTLY received a copy of my CONSUMER REPORT and I noticed some late payments being posted on my CONSUMER REPORT from a closed 2017 credit card account from Capital One that are incorrect. The account was never late. I contact capital one about removing the late payments considering I have a long standing relationship with them. A representative informed me to send a picture of the account reporting late to the credit bureaus because it is to old to be pulled up in their system along with written instructions to delete the late payments and it should be immediately updated to 100 % payment history. I sent the requested info and Capital One reported another fraudulent late payment on top of the two from 2017 I was initially disputing. Capital one is in CLEAR VIOLATION OF THE LAW! The FCRA 15 U.S. Code 1681a - Definitions ; rules of construction SO EXCLUSION from a CONSUMER REPORT, clearly states 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ;. So therefore a LATE-PAYMENT is a TRANSACTIONAL experience between the CONSUMER. Which CONGRESS define consumer ( c ) The term consumer means an individual. Which is an INDIVIDUAL ( me ), and the person making the REPORT which is Capital One. So since its a TRANSACTION between the CONSUMER and the PERSON! Delete the above LATE-PAYMENTS FROM the closed Capital One 2017 account MY CONSUMER REPORT! This AGENCY is in violation of 15 U.S. Code 1681. Now Im not telling you to delete the account! Im asking for you to delete the LATE PAYMENTS which are in violation by being REPORTED and keep the account. Capital One is also in violation of 15 U.S. Code 1666b - Timing of payments where it clearly states, ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Now FAILURE TO RESPOND! I will take LEGAL ACTION. Due to you being in VIOLATION OF THE LAW! The law SAYS under CIVIL LIABILITY. 15 U.S. Code 1681n - Civil liability for willful noncompliance a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ;.

Company response to consumer: Closed with explanation