Consumer complaint received 2022-08-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
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 have been a loyal customer of Capital One for years. I have kept current with my payments all up until the pandemic where I lost my job. I still communicated with capital one in attempt to remain current despite my precarious situation. Capital One not only refused to accept payment from me, but also closed my account with my consent. In XXXX I communiated to Capital One that I would tender a payment to them which they refused to accept. It has recently come to my attention Capital One has reported inaccurate data on my accounts for months. This an example of fraud. They breached my privacy and furnished data they had reason to believe to be incorrect. They also furnished data not permissible under the Fair credit reporting act. The account is currently being reported as a charge off and charge off accounts are not valid debts nor a certificate of indebtedness. To still be reporting data on an account which was written off, charged off, and/or you recieved compensation for is tantamount to Identity theft. Attached is a copy of my identity theft report filed with the FTC. 

I have reason to believe this is a billing error. Not only is it a billing error but it is an example of willful inaccurate reporting by the furnisher. I am demanding you delete all late payments, remarks, payment status, and charge off status. Until a full file disclosure is delivered to my address in accordance with 15 usc 1681g ( a ) ( 1 ), all potentially negative or adverse information should be blocked until the dispute is resolved in accordance with the consumers desires. 

Capital One Bank ( USA ) N.A has acknowledged this account is under dispute yet is reporting the dispute as resolved every month. Pursuant to 15 U.S. Code 1681s2 ( a ) ( 3 ) the financial institution furnishing information to consumer reporting agencies must meet the requirement by reporting that the account is in dispute status. As of XX/XX/2022, the major credit reporting agencies are not currently reporting the account as in dispute status. This is a failure to meet the requirement of reporting my accounts as disputed information. 
A financial institution such as Capital One Bank ( USA ) N.A must provide a notice of negative information in writing to the consumer no later than 30 days after furnishing the negative information. The negative information notice can not be in a previous billing statement. I have not received such and I have reason to believe Capital One Bank ( USA ) N.A is in violation of 1681s-2 ( 7 ) ( A ) ( i ) by not meeting this requirement. 
Pursuant to 15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ) financial institutions like Capital One Bank ( USA ) N.A are prohibited from furnishing any information relating to a consumer if they have reasonable cause to believe that the information is incorrect. The phone calls and complaints delivered to Capital One Bank ( USA ) N.A along with the subsequent responses cause me to believe that Capital One Bank ( USA ) N.A is aware of the inaccuracies being reported and chose to willingly and knowingly report the information.

Company response to consumer: Closed with explanation