Consumer complaint received 2023-02-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Credit inquiries on your report that you don't recognize

Complaint:
Upon further investigation, I have retained new copies of my credit reports and noticed that you did not furnish the credit bureaus with the required disclosure, within the period required by law. You are required by federal law to place a notice of dispute on my account within 30 days of my dispute, which you signed for on the signature date. 

I have retained a copy of your signature and date of receipt, as well as time-stamped copies of my credit reports, showing that you have violated the Fair Credit Reporting Act, Section 623 ( a ) ( 3 ) by not placing the disclosure within the required XXXX-day period. 

Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is entirely inaccurate and incomplete and represents a very serious error in your reporting. Additionally, you have broken federal law by not placing the notice of dispute onto my credit reports within the time required by law. 

I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and the Attorney Generals office, should you continue in your non-compliance of federal laws under the Fair Credit Reporting Act. 

I further remind you that you may be liable for your willful non-compliance, as per FCRA 623 ( a ) ( 3 ) - Responsibilities of furnishers of information to consumer reporting agencies [ 15 U.S.C. 1681s-2 ] ( 3 ) Duty to provide notice of a 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. 

( B ) Time of Notice ( I ) The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 603 ( p ). 

As you have violated federal law, by not properly providing the credit bureaus with proper notice within the required timeframe and I have evidence of such, via certified mail receipts, you must now remove the item. 

Any other action ( or inaction ) on your behalf will result in a small claims action against your company. 

I will be seeking {$5000.00} in damages for the following : XXXX. Defamation XXXX. Negligent Enablement of Identity Fraud XXXX. Violation of the Fair Credit Reporting Act and Fair Debt Collection Practices Act You will be required to appear in a court venue local to me, in order to formally defend yourself. 


P.S. Please be aware that depending upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action.

Company response to consumer: Closed with explanation