Consumer complaint received 2023-10-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Privacy issues

Complaint:
Capital One continues to share my nonpublic financial information with non affiliated third parties known as XXXX, XXXX, and XXXX. Each company is listed under the SEC and is securitizing my consumer report which makes this a financial relationship among them. They need my written consent to share my transaction information and furthermore should provide a notice every 30 days for me to opt out of having my information shared. I have received no such notice at all. 

17 CFR 248.124 - Reasonable opportunity to opt out.

248.124 Reasonable opportunity to opt out.

( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).

( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.

( 2 ) By electronic means.

( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.

( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.

( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.

( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.

( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.

15 U.S. Code 1637 - Open end consumer credit plans U.S. Code Notes prev | next ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact.

( 2 ) The method of determining the balance upon which a finance charge will be imposed.

( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge.

( 4 ) Where one or more periodic rates may be used to compute the finance charge, each such rate, the range of balances to which it is applicable, and the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year.

( 5 ) Identification of other charges which may be imposed as part of the plan, and their method of computation, in accordance with regulations of the Bureau.

( 6 ) In cases where the credit is or will be secured, a statement that a security interest has been or will be taken in ( A ) the property purchased as part of the credit transaction, or ( B ) property not purchased as part of the credit transaction identified by item or type.

( 7 ) A statement, in a form prescribed by regulations of the Bureau of the protection provided by sections 1666 and 1666i of this title to an obligor and the creditors responsibilities under sections 1666a and 1666i of this title. With respect to one billing cycle per calendar year, at intervals of not less than six months or more than eighteen months, the creditor shall transmit such statement to each obligor to whom the creditor is required to transmit a statement pursuant to subsection ( b ) for such billing cycle.

( 8 ) In the case of any account under an open end consumer credit plan which provides for any extension of credit which is secured by the consumers principal dwelling, any information which ( A ) is required to be disclosed under section 1637a ( a ) of this title; and ( B ) the Bureau determines is not described in any other paragraph of this subsection.

( b ) Statement required with each billing cycle The creditor of any account under an open end consumer credit plan shall transmit to the obligor, for each billing cycle at the end of which there is an outstanding balance in that account or with respect to which a finance charge is imposed, a statement setting forth each of the following items to the extent applicable : ( 1 ) The outstanding balance in the account at the beginning of the statement period.

( 2 ) The amount and date of each extension of credit during the period, and a brief identification, on or accompanying the statement of each extension of credit in a form prescribed by the Bureau sufficient to enable the obligor either to identify the transaction or to relate it to copies of sales vouchers or similar instruments previously furnished, except that a creditors failure to disclose such information in accordance with this paragraph shall not be deemed a failure to comply with this part or this subchapter if ( A ) the creditor maintains procedures reasonably adapted to procure and provide such information, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title. In lieu of complying with the requirements of the previous sentence, in the case of any transaction in which the creditor and seller are the same person, as defined by the Bureau, and such persons open end credit plan has fewer than XXXX accounts, the creditor may elect to provide only the amount and date of each extension of credit during the period and the sellers name and location where the transaction took place if ( A ) a brief identification of the transaction has been previously furnished, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title.

( 3 ) The total amount credited to the account during the period.

( 4 ) The amount of any finance charge added to the account during the period, itemized to show the amounts, if any, due to the application of percentage rates and the amount, if any, imposed as a minimum or fixed charge.

( 5 ) Where one or more periodic rates may be used to compute the finance charge, each such rate, the range of balances to which it is applicable, and, unless the annual percentage rate ( determined under section 1606 ( a ) ( 2 ) of this title ) is required to be disclosed pursuant to paragraph ( 6 ), the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year.

( 6 ) Where the total finance charge exceeds 50 cents for a monthly or longer billing cycle, or the pro rata part of 50 cents for a billing cycle shorter than monthly, the total finance charge expressed as an annual percentage rate ( determined under section 1606 ( a ) ( 2 ) of this title ), except that if the finance charge is the sum of two or more products of a rate times a portion of the balance, the creditor may, in lieu of disclosing a single rate for the total charge, disclose each such rate expressed as an annual percentage rate, and the part of the balance to which it is applicable.

( 7 ) The balance on which the finance charge was computed and a statement of how the balance was determined. If the balance is determined without first deducting all credits during the period, that fact and the amount of such payments shall also be disclosed.

( 8 ) The outstanding balance in the account at the end of the period.

( 9 ) The date by which or the period ( if any ) within which, payment must be made to avoid additional finance charges, except that the creditor may, at his election and without disclosure, impose no such additional finance charge if payment is received after such date or the termination of such period.

( 10 ) The address to be used by the creditor for the purpose of receiving billing inquiries from the obligor.

( 11 ) ( A ) A written statement in the following form : Minimum Payment Warning : Making only the minimum payment will increase the amount of interest you pay and the time it takes to repay your balance., or such similar statement as is established by the Bureau pursuant to consumer testing.

( B ) Repayment information that would apply to the outstanding balance of the consumer under the credit plan, including ( i ) the number of months ( rounded to the nearest month ) that it would take to pay the entire amount of that balance, if the consumer pays only the required minimum monthly payments and if no further advances are made ; ( ii ) the total cost to the consumer, including interest and principal payments, of paying that balance in full, if the consumer pays only the required minimum monthly payments and if no further advances are made ; ( iii ) the monthly payment amount that would be required for the consumer to eliminate the outstanding balance in 36 months, if no further advances are made, and the total cost to the consumer, including interest and principal payments, of paying that balance in full if the consumer pays the balance over 36 months ; and ( iv ) a toll-free telephone number at which the consumer may receive information about accessing credit counseling and debt management services.

( C ) ( i ) Subject to clause ( ii ), in making the disclosures under subparagraph ( B ), the creditor shall apply the interest rate or rates in effect on the date on which the disclosure is made until the date on which the balance would be paid in full.

( ii ) If the interest rate in effect on the date on which the disclosure is made is a temporary rate that will change under a contractual provision applying an index or formula for subsequent interest rate adjustment, the creditor shall apply the interest rate in effect on the date on which the disclosure is made for as long as that interest rate will apply under that contractual provision, and then apply an interest rate based on the index or formula in effect on the applicable billing date.

( D ) All of the information described in subparagraph ( B ) shall ( i ) be disclosed in the form and manner which the Bureau shall prescribe, by regulation, and in a manner that avoids duplication ; and ( ii ) be placed in a conspicuous and prominent location on the billing statement.

( E ) In the regulations prescribed under subparagraph ( D ), the Bureau shall require that the disclosure of such information shall be in the form of a table that ( i ) contains clear and concise headings for each item of such information; and ( ii ) provides a clear and concise form stating each item of information required to be disclosed under each such heading.

( F ) In prescribing the form of the table under subparagraph ( E ), the Bureau shall require that ( i ) all of the information in the table, and not just a reference to the table, be placed on the billing statement, as required by this paragraph ; and ( ii ) the items required to be included in the table shall be listed in the order in which such items are set forth in subparagraph ( B ).

( G ) In prescribing the form of the table under subparagraph ( D ), the Bureau shall employ terminology which is different than the terminology which is employed in subparagraph ( B ), if such terminology is more easily understood and conveys substantially the same meaning.

( 12 ) Requirements relating to late payment deadlines and penalties.

( A ) Late payment deadline required to be disclosed.

In the case of a credit card account under an open end consumer credit plan under which a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment, the periodic statement required under subsection ( b ) with respect to the account shall include, in a conspicuous location on the billing statement, the date on which the payment is due or, if different, the date on which a late payment fee will be charged, together with the amount of the fee or charge to be imposed if payment is made after that date.

( B ) Disclosure of increase in interest rates for late payments.

If 1 or more late payments under an open end consumer credit plan may result in an increase in the annual percentage rate applicable to the account, the statement required under subsection ( b ) with respect to the account shall include conspicuous notice of such fact, together with the applicable penalty annual percentage rate, in close proximity to the disclosure required under subparagraph ( A ) of the date on which payment is due under the terms of the account.

( C ) Payments at local branches.

If the creditor, in the case of a credit card account referred to in subparagraph ( A ), is a financial institution which maintains branches or offices at which payments on any such account are accepted from the obligor in person, the date on which the obligor makes a payment on the account at such branch or office shall be considered to be the date on which the payment is made for purposes of determining whether a late fee or charge may be imposed due to the failure of the obligor to make payment on or before the due date for such payment.

( c ) Disclosure in credit and charge card applications and solicitations ( 1 ) Direct mail applications and solicitations ( A ) Information in tabular format Any application to open a credit card account for any person under an open end consumer credit plan, or a solicitation to open such an account without requiring an application, that is mailed to consumers shall disclose the following information, subject to subsection ( e ) and section 1632 ( c ) of this title : ( i ) Annual percentage rates ( I ) Each annual percentage rate applicable to extensions of credit under such credit plan.

( II ) Where an extension of credit is subject to a variable rate, the fact that the rate is variable, the annual percentage rate in effect at the time of the mailing, and how the rate is determined.

( III ) Where more than one rate applies, the range of balances to which each rate applies.

( ii ) Annual and other fees ( I ) Any annual fee, other periodic fee, or membership fee imposed for the issuance or availability of a credit card, including any account maintenance fee or other charge imposed based on activity or inactivity for the account during the billing cycle.

( II ) Any minimum finance charge imposed for each period during which any extension of credit which is subject to a finance charge is outstanding.

( III ) Any transaction charge imposed in connection with use of the card to purchase goods or services.

( iii ) Grace period ( I ) The date by which or the period within which any credit extended under such credit plan for purchases of goods or services must be repaid to avoid incurring a finance charge, and, if no such period is offered, such fact shall be clearly stated.

( II ) If the length of such grace period varies, the card issuer may disclose the range of days in the grace period, the minimum number of days in the grace period, or the average number of days in the grace period, if the disclosure is identified as such.

( iv ) Balance calculation method ( I ) The name of the balance calculation method used in determining the balance on which the finance charge is computed if the method used has been defined by the Bureau, or a detailed explanation of the balance calculation method used if the method has not been so defined.

( II ) In prescribing regulations to carry out this clause, the Bureau shall define and name not more than the 5 balance calculation methods determined by the Bureau to be the most commonly used methods.

( B ) Other information In addition to the information required to be disclosed under subparagraph ( A ), each application or solicitation to which such subparagraph applies shall disclose clearly and conspicuously the following information, subject to subsections ( e ) and ( f ) : ( i ) Cash advance fee Any fee imposed for an extension of credit in the form of cash.

( ii ) Late fee Any fee imposed for a late payment.

( iii ) Over-the-limit fee Any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to such account.

( 2 ) Telephone solicitations ( A ) In general In any telephone solicitation to open a credit card account for any person under an open end consumer credit plan, the person making the solicitation shall orally disclose the information described in paragraph ( 1 ) ( A ).

( B ) Exception Subparagraph ( A ) shall not apply to any telephone solicitation if ( i ) the credit card issuer ( I ) does not impose any fee described in paragraph ( 1 ) ( A ) ( ii ) ( I ) ; or ( II ) does not impose any fee in connection with telephone solicitations unless the consumer signifies acceptance by using the card ; ( ii ) the card issuer discloses clearly and conspicuously in writing the information described in paragraph ( 1 ) within 30 days after the consumer requests the card, but in no event later than the date of delivery of the card ; and ( iii ) the card issuer discloses clearly and conspicuously that the consumer is not obligated to accept the card or account and the consumer will not be obligated to pay any of the fees or charges disclosed unless the consumer elects to accept the card or account by using the card.

( 3 ) Applications and solicitations by other means ( A ) In general Any application to open a credit card account for any person under an open end consumer credit plan, and any solicitation to open such an account without requiring an application, that is made available to the public or contained in catalogs, magazines, or other publications shall meet the disclosure requirements of subparagraph ( B ), ( C ), or ( D ).

( B ) Specific information An application or solicitation described in subparagraph ( A ) meets the requirement of this subparagraph if such application or solicitation contains ( i ) the information ( I ) described in paragraph ( 1 ) ( A ) in the form required under section 1632 ( c ) of this title, subject to subsection ( e ), and ( II ) described in paragraph ( 1 ) ( B ) in a clear and conspicuous form, subject to subsections ( e ) and ( f ) ; ( ii ) a statement, in a conspicuous and prominent location on the application or solicitation, that ( I ) the information is accurate as of the date the application or solicitation was printed ; ( II ) the information contained in the application or solicitation is subject to change after such date ; and ( III ) the applicant should contact the creditor for information on any change in the information contained in the application or solicitation since it was printed ; ( iii ) a clear and conspicuous disclosure of the date the application or solicitation was printed ; and ( iv ) a disclosure, in a conspicuous and prominent location on the application or solicitation, of a toll free telephone number or a mailing address at which the applicant may contact the creditor to obtain any change in the information provided in the application or solicitation since it was printed.

( C ) General information without any specific term An application or solicitation described in subparagraph ( A ) meets the requirement of this subparagraph if such application or solicitation ( i ) contains a statement, in a conspicuous and prominent location on the application or solicitation, that ( I ) there are costs associated with the use of credit cards ; and ( II ) the applicant may contact the creditor to request disclosure of specific information of such costs by calling a toll free telephone number or by writing to an address, specified in the application; ( ii ) contains a disclosure, in a conspicuous and prominent location on the application or solicitation, of a toll free telephone number and a mailing address at which the applicant may contact the creditor to obtain such information ; and ( iii ) does not contain any of the items described in paragraph ( 1 ).

( D ) Applications or solicitations containing subsection ( a ) disclosures An application or solicitation meets the requirement of this subparagraph if it contains, or is accompanied by ( i ) the disclosures required by paragraphs ( 1 ) through ( 6 ) of subsection ( a ) ; ( ii ) the disclosures required by subparagraphs ( A ) and ( B ) of paragraph ( 1 ) of this subsection included clearly and conspiciously [ 1 ] ( except that the provisions of section 1632 ( c ) of this title shall not apply ) ; and ( iii ) a toll free telephone number or a mailing address at which the applicant may contact the creditor to obtain any change in the information provided.

( E ) Prompt response to information requests Upon receipt of a request for any of the information referred to in subparagraph ( B ), ( C ), or ( D ), the card issuer or the agent of such issuer shall promptly disclose all of the information described in paragraph ( 1 ).

( 4 ) Charge card applications and solicitations ( A ) In general Any application or solicitation to open a charge card account shall disclose clearly and conspicuously the following information in the form required by section 1632 ( c ) of this title, subject to subsection ( e ) : ( i ) Any annual fee, other periodic fee, or membership fee imposed for the issuance or availability of the charge card, including any account maintenance fee or other charge imposed based on activity or inactivity for the account during the billing cycle.

( ii ) Any transaction charge imposed in connection with use of the card to purchase goods or services.

( iii ) A statement that charges incurred by use of the charge card are due and payable upon receipt of a periodic statement rendered for such charge card account.

( B ) Other information In addition to the information required to be disclosed under subparagraph ( A ), each written application or solicitation to which such subparagraph applies shall disclose clearly and conspicuously the following information, subject to subsections ( e ) and ( f ) : ( i ) Cash advance fee Any fee imposed for an extension of credit in the form of cash.

( ii ) Late fee Any fee imposed for a late payment.

( iii ) Over-the-limit fee Any fee imposed in connection with an extension of credit in excess of the amount of credit authorized to be extended with respect to such account.

( C ) Applications and solicitations by other means Any application to open a charge card account, and any solicitation to open such an account without requiring an application, that is made available to the public or contained in catalogs, magazines, or other publications shall contain ( i ) the information ( I ) described in subparagraph ( A ) in the form required under section 1632 ( c ) of this title, subject to subsection ( e ), and ( II ) described in subparagraph ( B ) in a clear and conspicuous form, subject to subsections ( e ) and ( f ) ; ( ii ) a statement, in a conspicuous and prominent location on the application or solicitation, that ( I ) the information is accurate as of the date the application or solicitation was printed ; ( II ) the information contained in the application or solicitation is subject to change after such date ; and ( III ) the applicant should contact the creditor for information on any change in the information contained in the application or solicitation since it was printed ; ( iii ) a clear and conspicuous disclosure of the date the application or solicitation was printed ; and ( iv ) a disclosure, in a conspicuous and prominent location on the application or solicitation, of a toll free telephone number or a mailing address at which the applicant may contact the creditor to obtain any change in the information provided in the application or solicitation since it was printed. ( D ) Issuers of charge cards which provide access to open end consumer credit plans If a charge card permits the card holder to receive an extension of credit under an open end consumer credit plan, which is not maintained by the charge card issuer, the charge card issuer may provide the information described in subparagraphs ( A ) and ( B ) in the form required by such subparagraphs in lieu of the information required to be provided under paragraph ( 1 ), ( 2 ), or ( 3 ) with respect to any credit extended under such plan, if the charge card issuer discloses clearly and conspicuously to the consumer in the application or solicitation that ( i ) the charge card issuer will make an independent decision as to whether to issue the card ; ( ii ) the charge card may arrive before the decision is made with respect to an extension of credit under an open end consumer credit plan ; and ( iii ) approval by the charge card issuer does not constitute approval by the issuer of the extension of credit. The information required to be disclosed under paragraph ( 1 ) shall be provided to the charge card holder by the creditor which maintains such open end consumer credit plan before the first extension of credit under such plan. ( E ) Charge card defined For the purposes of this subsection, the term charge card means a card, plate, or other single credit device that may be used from time to time to obtain credit which is not subject to a finance charge. ( 5 ) Regulatory authority of the Bureau The Bureau may, by regulation, require the disclosure of information in addition to that otherwise required by this subsection or subsection ( d ), and modify any disclosure of information required by this subsection or subsection ( d ), in any application to open a credit card account for any person under an open end consumer credit plan or any application to open a charge card account for any person, or a solicitation to open any such account without requiring an application
, if the Bureau determines that such action is necessary to carry out the purposes of, or prevent evasions of, any paragraph of this subsection.

( 6 ) Additional notice concerning introductory rates ( A ) In general Except as provided in subparagraph ( B ), an application or solicitation to open a credit card account and all promotional materials accompanying such application or solicitation for which a disclosure is required under paragraph ( 1 ), and that offers a temporary annual percentage rate of interest, shall ( i ) use the term introductory in immediate proximity to each listing of the temporary annual percentage rate applicable to such account, which term shall appear clearly and conspicuously ; ( ii ) if the annual percentage rate of interest that will apply after the end of the temporary rate period will be a fixed rate, state in a clear and conspicuous manner in a prominent location closely proximate to the first listing of the temporary annual percentage rate ( other than a listing of the temporary annual percentage rate in the tabular format described in section 1632 ( c ) of this title ), the time period in

which the introductory period will end and the annual percentage rate that will apply after the end of the introductory period; and ( iii ) if the annual percentage rate that will apply after the end of the temporary rate period will vary in accordance with an index, state in a clear and conspicuous manner in a prominent location closely proximate to the first listing of the temporary annual percentage rate ( other than a listing in the tabular format prescribed by section 1632 ( c ) of this title ), the time period in which the introductory period will end and the rate that will apply after that, based on an annual percentage rate that was in effect within 60 days before the date of mailing the application or solicitation.

( B ) Exception Clauses ( ii ) and ( iii ) of subparagraph ( A ) do not apply with respect to any listing of a temporary annual percentage rate on an envelope or other enclosure in which an application or solicitation to open a credit card account is mailed.

( C ) Conditions for introductory rates An application or solicitation to open a credit card account for which a disclosure is required under paragraph ( 1 ), and that offers a temporary annual percentage rate of interest shall, if that rate of interest is revocable under any circumstance or upon any event, clearly and conspicuously disclose, in a prominent manner on or with such application or solicitation ( i ) a general description of the circumstances that may result in the revocation of the temporary annual percentage rate ; and ( ii ) if the annual percentage rate that will apply upon the revocation of the temporary annual percentage rate ( I ) will be a fixed rate, the annual percentage rate that will apply upon the revocation of the temporary annual percentage rate ; or ( II ) will vary in accordance with an index, the rate that will apply after the temporary rate, based on an annual percentage rate that was in effect within 60 days before the date of mailing the application or solicitation.

( D ) Definitions In this paragraph ( i ) the terms temporary annual percentage rate of interest and temporary annual percentage rate mean any rate of interest applicable to a credit card account for an introductory period of less than 1 year, if that rate is less than an annual percentage rate that was in effect within 60 days before the date of mailing the application or solicitation; and ( ii ) the term introductory period means the maximum time period for which the temporary annual percentage rate may be applicable.

( E ) Relation to other disclosure requirements Nothing in this paragraph may be construed to supersede subsection ( a ) of section 1632 of this title, or any disclosure required by paragraph ( 1 ) or any other provision of this subsection.

( 7 ) Internet-based solicitations ( A ) In general In any solicitation to open a credit card account for any person under an open end consumer credit plan using the Internet or other interactive computer service, the person making the solicitation shall clearly and conspicuously disclose ( i ) the information described in subparagraphs ( A ) and ( B ) of paragraph ( 1 ) ; and ( ii ) the information described in paragraph ( 6 ).

( B ) Form of disclosure The disclosures required by subparagraph ( A ) shall be ( i ) readily accessible to consumers in close proximity to the solicitation to open a credit card account ; and ( ii ) updated regularly to reflect the current policies, terms, and fee amounts applicable to the credit card account.

( C ) Definitions For purposes of th

Company response to consumer: Closed with explanation