Consumer complaint received 2023-11-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I am a federally protected CONSUMER under title 15, chapter 41. I am a natural person and the original creditor in all consumer credit transactions in which I have participated in. 

Kohls/ Capital One has violated 12 CFR 1002 Regulation B by failing to notify me in writing that they were taking adverse action and closing account ending in XXXX The account was closed after a billing error dispute with the account ending in XXXX in which Kohls/ Capital One remains in dishonor for failing to perform a discharge or mutual offset with the U.S. Treasury . It seems, Kohls/ Capital One performed an unauthorized credit check to cover up the illegal adverse action. According to 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ), any `may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Kohls/ Capital One is unable to produce the authorization from me to check my credit before closing the account ending in XXXX. 

12 CFR 1002 Regulation B states : ( 1 ) When notification is required. A creditor shall notify an applicant of action taken within : ( iii ) 30 days after taking adverse action on an existing account; or ( iv ) 90 days after notifying the applicant of a counteroffer if the applicant does not expressly accept or use the credit offered.

( 2 ) Content of notification when adverse action is taken. A notification given to an applicant when adverse action is taken shall be in writing and shall contain a statement of the action taken; the name and address of the creditor ; a statement of the provisions of section 701 ( a ) of the Act ; the name and address of the Federal agency that administers compliance with respect to the creditor ; and either : ( i ) A statement of specific reasons for the action taken; or ( ii ) A disclosure of the applicant 's right to a statement of specific reasons within 30 days, if the statement is requested within 60 days of the creditor 's notification. The disclosure shall include the name, address, and telephone number of the person or office from which the statement of reasons can be obtained. If the creditor chooses to provide the reasons orally, the creditor shall also disclose the applicant 's right to have them confirmed in writing within 30 days of receiving the applicant 's written request for confirmation.

Kohls/ Capital One committed fraud by saying they were unable to perform the discharge, yet keeping the 1099A, and failing to provide a Notice of Dishonor from the U.S. Treasury , and a copy of the accounting paperwork for the account such as 1096, 1099OID, 1099A, INC , PRC etc. Kohls/ Capital One continued to commit fraud by claiming they notified me of the adverse action when that was not the case.

Kohls/ Capital One most likely illegally checked my credit to come up with the excuse that the account ending in XXXX was in bad standing when it never was. Kohls/ Capital One previously received via certified mail XXXX XXXX XXXX XXXX XXXX and secure messaging, Non-Negotiable Notice of Default in Dishonor and Estoppel. The notice stated that since the account ending in XXXX was not credited via a discharge or mutual offset and Kohls/ Capital One failed to properly honor my counter claim to Kohls/ Capital One offer to contract, I therefore owe nothing, there can be no negative reporting to the credit reporting agencies and this matter should have been closed and settled. 

UCC 3-603 ( b ) states that : If tender of payment of an obligation to pay an instrument is made to a person ( in this case Kohls/ Capital One ) entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. A tender of payment was presented was presented to Kohls/ Capital One in the form of a negotiable instrument. Since the tender was refused, and the principal account was not credited, there is discharge. This fact can not be refuted in the court of law. https : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX According to UCC 3-104, a negotiable instrument is ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; and ( 2 ) is payable on demand or at a definite time ; https : XXXX Pursuant to Notice of dishonor ( Bills of Exchange Act ) 95 ( 1 ) Subject to this Act, when a bill has been dishonored by non-acceptance or by non-payment, notice of dishonor must be given to the drawer and each endorser, and any drawer or endorser to whom the notice is not given is discharged. The NON-NEGOTIABLE NOTICE OF ACCEPTED CREDIT ISSUED both requested a notice of dishonor from a qualified third party if the expressed instruction could not be fulfilled. Due to the fact the bill was dishonored, a notice of dishonor was to be sent to each drawer ( XXXX XXXX XXXXXXXX ) XXXX However, XXXX : XXXX never received a notice of dishonor from Kohls/ Capital One or the qualified third party ( U.S. Treasury ) therefore the account ending in XXXX was to be discharged rather than inaccurately reported as late or past due. This is another fact that can not be refuted in the court of lawXXXX XXXX XXXX XXXXXXXX # : ~ : XXXX % XXXX ( XXXX ) % XXXX % XXXX % XXXX, is % XXXX % XXXX % XXXX % XXXX. 


Kohls/ Capital One has willfully and negligently placed inaccurate information on my consumer report for account ending in XXXX which is a defamation of my character and a violation of the Fair Credit Reporting Act ( FCRA ), otherwise known as 15 USC 1681. Under 15 USC 1681a - Definitions ; rules of construction, in particular 15 USC 1681a ( 2 ) ( B ) ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; An exclusion means it should NOT be listed. Furthermore, a credit card is defined under the Truth in Lending Act or 15 USC 1602 under Definitions and rules of construction, as : ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.

Any card refers to the fact that my own credit card or social security number in this context was used when I did business, therefore my own social security number was used to extend credit to myself in these transactions.

Continuing with USC 1681a - Definitions ; rules of construction, specifically 15 USC 1681a ( 2 ) ( A ) ( i ), we see : ( 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 Clearly, exclusion means something that is not supposed to be included.

Transactions or experiences between the consumer and the person making the report are not supposed to be included in a consumer report, and this reported information was an EXPERIENCE of mine therefore these accounts listed above must be deleted immediately.

Under 15 USC 1681a ( 4 ) - Congressional findings and statement of purpose : ( a ) Accuracy and fairness of credit reporting ; Congress finds that ( 4 ) there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy. It is obvious that my right to privacy as a consumer has been violated by publicly reporting this inaccurate information when I NEVER gave Kohls/ Capital One permission to report in the first place.

As per 15 USC 1666 ( b ) entitled Timing of payments under ( a ) Time to make payments clearly states that a creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. Kohls/ Capital One is continuing to report late payments for the account ending in XXXX which is yet another violation of 15 USC 1681s-2. In Responsibilities of furnishers of information to consumer reporting agencies, where we see ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) 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.

Of course, prohibition means something that is not allowed. This law says a person ( in the legal sense a person is a corporation like Kohls/ Capital One ) 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.

According to 15 USC 1681b ( 2 ) - permissible purposes of consumer reports : ( A ) IN GENERAL SUBJECT TO SUBSECTION ( C ), ANY CONSUMER REPORTING AGENCY MAY FURNISH A CONSUMER REPORT UNDER THE FOLLOWING CIRCUMSTANCES AND NO OTHER : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

I repeat and reiterate that I NEVER gave Kohls/ Capital One or any other agency written permission to furnish information about account ending in XXXX on my consumer credit report. 

In conclusion, The Fair Credit Reporting Act ( 15 U.S. Code 1681 ) says ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

These blatant violations committed by Kohls/ Capital One impair the efficiency of the banking system. Kohls/ Capital One has violated my privacy with my consumer report, as I am the only one who can control what is listed and what is not.

Since these accounts were reported without my written consent, that is considered identity theft. These violations are excessive and lead way to civil liability against Kohls/ Capital One under 15 U.S. Code 1681n which is civil liability for willful noncompliance and 15 USC 1681o which allows for civil liability for negligent noncompliance.

Since Kohls/ Capital One has refused to provide validation of the account ending in XXXX i.e. an agreement with the wet ink signature of both parties, nor has Kohls/ Capital One provided a valid document where I gave written permission to check my credit and to report on my consumer report then Kohls/ Capital One must immediately remove account enging in XXXX from the credit reporting agencies, or pay me at least {$1000.00} per violation as the law provides. Kohls/ Capital One is responsible for my suffering of defamation of character, stress, loss of opportunities etc. due to Kohls/ Capital One violation of the FCRA.

Company response to consumer: In progress