Consumer complaint received 2023-08-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
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: Their investigation did not fix an error on your report

Complaint:
Capital One and XXXX continues to violate my consumer right by reporting my non public information without my written consent. 

Capital One stated in their terms and conditions that they would not share my information with anyone except the credit bureaus. The only true credit bureau is the Consumer Financial Protection Bureau and it does not furnish consumer reports. XXXX is a privately owned company that assumed the role to furnish consumer reports. 

It is against federal law to report any financial history. My credit card information is considered financial history and should not be included in any reporting. 

Per the Privacy Act of 1974 as a federally protected consumer I have the right to opt out of my information being reported.

1026.13 Billing error resolution. 
( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.

( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8. 

( XXXX ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed. 

( XXXX ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account. 

( XXXX ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor. 

( XXXX ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence. 

( XXXX ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. 

( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( XXXX ) Enables the creditor to identify the consumer 's name and account number; and ( XXXX ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error. 

( c ) Time for resolution ; general procedures. 

( XXXX ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.

( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor XXXX not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.

( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.

( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor XXXX be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section. 

( XXXX ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.

( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer. 

( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.

( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( XXXX ) of this section without incurring additional finance or other charges ; ( XXXX ) XXXX report an account or amount as delinquent because the amount due under paragraph ( g ) ( XXXX ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( XXXX ) XXXX not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( XXXX ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.

( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.

( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.

1026.12 Special credit card provisions. 
( a ) Issuance of credit cards. Regardless of the purpose for which a credit card is to be used, including business, commercial, or agricultural use, no credit card shall be issued to any person except : ( XXXX ) In response to an oral or written request or application for the card; or ( XXXX ) As a renewal of, or substitute for, an accepted credit card. 

( b ) Liability of cardholder for unauthorized use ( XXXX ) ( i ) Definition of unauthorized use. For purposes of this section, the term unauthorized use means the use of a credit card by a person, other than the cardholder, who does not have actual, implied, or apparent authority for such use, and from which the cardholder receives no benefit. 

( ii ) Limitation on amount. The liability of a cardholder for unauthorized use of a credit card shall not exceed the lesser of {$50.00} or the amount of money, property, labor, or services obtained by the unauthorized use before notification to the card issuer under paragraph ( b ) ( XXXX ) of this section. 

( XXXX ) Conditions of liability. A cardholder shall be liable for unauthorized use of a credit card only if : ( i ) The credit card is an accepted credit card ; ( ii ) The card issuer has provided adequate notice of the cardholder 's maximum potential liability and of means by which the card issuer XXXX be notified of loss or theft of the card. The notice shall state that the cardholder 's liability shall not exceed {$50.00} ( or any lesser amount ) and that the cardholder XXXX give oral or written notification, and shall describe a means of notification ( for example, a telephone number, an address, or both ) ; and ( iii ) The card issuer has provided a means to identify the cardholder on the account or the authorized user of the card. 

( XXXX ) Notification to card issuer. Notification to a card issuer is given when steps have been taken as XXXX be reasonably required in the ordinary course of business to provide the card issuer with the pertinent information about the loss, theft, or possible unauthorized use of a credit card, regardless of whether any particular XXXX, employee, or agent of the card issuer does, in fact, receive the information. Notification XXXX be given, at the option of the person giving it, in person, by telephone, or in writing. Notification in writing is considered given at the time of receipt or, whether or not received, at the expiration of the time ordinarily required for transmission, whichever is earlier. 

( XXXX ) Effect of other applicable law or agreement. If state law or an agreement between a cardholder and the card issuer imposes lesser liability than that provided in this paragraph, the lesser liability shall govern. 

( XXXX ) Business use of credit cards. If 10 or more credit cards are issued by one card issuer for use by the employees of an organization, this section does not prohibit the card issuer and the organization from agreeing to liability for unauthorized use without regard to this section. However, liability for unauthorized use XXXX be imposed on an employee of the organization, by either the card issuer or the organization, only in accordance with this section. 

( c ) Right of cardholder to assert claims or defenses against card issuer ( XXXX ) General rule. When a person who honors a credit card fails to resolve satisfactorily a dispute as to property or services purchased with the credit card in a consumer credit transaction, the cardholder XXXX assert against the card issuer all claims ( other than tort claims ) and defenses arising out of the transaction and relating to the failure to resolve the dispute. The cardholder XXXX withhold payment up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount. 

( XXXX ) Adverse credit reports prohibited. If, in accordance with paragraph ( c ) ( XXXX ) of this section, the cardholder withholds payment of the amount of credit outstanding for the disputed transaction, the card issuer shall not report that amount as delinquent until the dispute is settled or judgment is rendered.

( 3 ) Limitations ( i ) General. The rights stated in paragraphs ( c ) ( 1 ) and ( c ) ( 2 ) of this section apply only if : ( A ) The cardholder has made a good faith attempt to resolve the dispute with the person honoring the credit card ; and ( B ) The amount of credit extended to obtain the property or services that result in the assertion of the claim or defense by the cardholder exceeds {$50.00}, and the disputed transaction occurred in the same state as the cardholder 's current designated address or, if not within the same state, within XXXX miles from that address. 

( ii ) Exclusion. The limitations stated in paragraph ( c ) ( 3 ) ( i ) ( B ) of this section shall not apply when the person honoring the credit card : ( A ) Is the same person as the card issuer ; ( B ) Is controlled by the card issuer directly or indirectly ; ( C ) Is under the direct or indirect control of a third person that also directly or indirectly controls the card issuer ; ( D ) Controls the card issuer directly or indirectly ; ( E ) Is a franchised dealer in the card issuer 's products or services ; or ( F ) Has obtained the order for the disputed transaction through a mail solicitation made or participated in by the card issuer. 

( d ) Offsets by card issuer prohibited ( XXXX ) General rule. A card issuer XXXX not take any action, either before or after termination of credit card privileges, to offset a cardholder 's indebtedness arising from a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer. 

( XXXX ) Rights of the card issuer. This paragraph ( d ) does not alter or affect the right of a card issuer acting under state or Federal law to do any of the following with regard to funds of a cardholder held on deposit with the card issuer if the same procedure is constitutionally available to creditors generally : Obtain or enforce a consensual security interest in the funds ; attach or otherwise levy upon the funds ; or obtain or enforce a court order relating to the funds. 

( XXXX ) Periodic deductions. 

( i ) This paragraph ( d ) does not prohibit a plan, if authorized in writing by the cardholder, under which the card issuer XXXX periodically deduct all or part of the cardholder 's credit card debt from a deposit account held with the card issuer ( subject to the limitations in 1026.13 ( d ) ( 1 ) ).

( ii ) With respect to a covered separate credit feature accessible by a hybrid prepaid-credit card as defined in 1026.61, for purposes of this paragraph ( d ) ( 3 ), periodically means no more frequently than once per calendar month, such as on a monthly due date disclosed on the applicable periodic statement in accordance with the requirements of 1026.7 ( b ) ( 11 ) ( i ) ( A ) or on an earlier date in each calendar month in accordance with a written authorization signed by the consumer. 

( XXXX ) Prompt notification of returns and crediting of refunds. 

( XXXX ) When a creditor other than the card issuer accepts the return of property or forgives a debt for services that is to be reflected as a credit to the consumer 's credit card account, that creditor shall, within XXXX business days from accepting the return or forgiving the debt, transmit a credit statement to the card issuer through the card issuer 's normal channels for credit statements. 

( XXXX ) The card issuer shall, within XXXX business days from receipt of a credit statement, credit the consumer 's account with the amount of the refund. 

( XXXX ) If a creditor other than a card issuer routinely gives cash refunds to consumers paying in cash, the creditor shall also give credit or cash refunds to consumers using credit cards, unless it discloses at the time the transaction is consummated that credit or cash refunds for returns are not given. This section does not require refunds for returns nor does it prohibit refunds in kind. 

( f ) Discounts ; tie-in arrangements. No card issuer XXXX, by contract or otherwise : ( XXXX ) Prohibit any person who honors a credit card from offering a discount to a consumer to induce the consumer to pay by cash, check, or similar means rather than by use of a credit card or its underlying account for the purchase of property or services; or ( XXXX ) Require any person who honors the card issuer 's credit card to open or maintain any account or obtain any other service not essential to the operation of the credit card plan from the card issuer or any other person, as a condition of participation in a credit card plan. If maintenance of an account for clearing purposes is determined to be essential to the operation of the credit card plan, it XXXX be required only if no service charges or minimum balance requirements are imposed. 

( g ) Relation to Electronic Fund Transfer Act and Regulation E. For guidance on whether Regulation Z ( 12 CFR part 1026 ) or Regulation E ( 12 CFR part 1005 ) applies in instances involving both credit and electronic fund transfer aspects, refer to Regulation E, 12 CFR 1005.12 ( a ) regarding issuance and liability for unauthorized use. On matters other than issuance and liability, this section applies to the credit aspects of combined credit/electronic fund transfer transactions, as applicable.

Company response to consumer: Closed with explanation