Consumer complaint received 2022-12-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
Per Cfr 1022.41 and 15 USC 1681 Permissible purposes Both of XXXX XXXX XXXX and Capital One accounts XXXX is {$420.00} and the other is {$960.00} is reporting incorrect across all XXXX credit reporting agencies XXXX, XXXX, XXXX. XXXX, say I opened account on XXXX. XXXX I opened account on XXXX. XXXX. XXXX has no data reporting but has the information on the account. XXXX is reporting a open account and XXXX and XXXX are reporting closed accounts. Per 15 USC 1666a -b Reporting ADVERSE credit ratings or standings on my credit report, Timing on Payment the credit reporting agencies can not report utilization to any 3rd party All 3 companies are reporting Utilization which is wrong. Per 31 CFR 903.5 AND 31 USC 3711 Also a charged off account is income and a certificate of Indebtedness according to the Irs Publication. The credit reporting agencies are not to report income on my credit report. XXXX XXXX XXXX and Capital One is in violation of my privacy rights Per the Privacy Act of 1974 Also said that under 5 USC 552A your social is not suppose to be given out to anyone. They also sharing information with another 3rd party /non affiliate which is in violation of my 16 CFR 313.7 Opt-Out notice. Capital One and XXXX XXXX XXXX violated my rights as well under 15 USC 6802-6805 They are suppose to send me a opt-out letter every 30 days. I Have the right to opt-out of anything on credit report. 15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft. 
Here is a list of laws that Capital One and XXXX XXXX XXXX is abusing and violating me as well as all XXXX credit reporting agencies XXXX, XXXX and XXXX. 
12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer.

c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.

( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.

( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under sub- section ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agen- cy with advance adequate written assurance that the record will be used solely as a statis- tical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ACCOUNTING OF CERTAIN DISCLOSURES. Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under sub- sections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to an- other agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under para- graph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the ac- counting is made ; ( 3 ) except for disclosures made under sub- section ( b ) ( 7 ) of this section, make the ac- counting made under paragraph ( 1 ) of this sub- section available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been dis- closed to the person or agency if an account- ing of the disclosure was made.

( n ) MAILING LISTS.An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to re- quire the withholding of names and addresses otherwise permitted to be made public.

31 CFR 29.518 - Reporting delinquent debts to credit bureaus.

e ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau.

15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information.

( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from afinancial institution nonpublic personal information under this section shall not, directly or through anaffiliate of such receiving third party, disclose such information to any other person that is anonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.

( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

15 U.S. Code 6805 Enforcement ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) 313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 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.

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address.

( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.

15 usc 1681m ( 1 ) In general No person shall sell, transfer for consider- ation, or place for collection a debt that such person has been notified under section 1681c2 of this title has resulted from identity theft.

12 CFR 1022.41 ( a ) Accuracy means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer correctly : ( 1 ) Reflects the terms of and liability for the account or other relationship ; ( 2 ) Reflects the consumer 's performance and other conduct with respect to the account or other relationship ; and ( 3 ) Identifies the appropriate consumer.

( b ) Direct dispute means a dispute submitted directly to a furnisher ( including a furnisher that is a debt collector ) by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer.

( c ) Furnisher means an entity that furnishes information relating to consumers to one or more consumer reporting agencies for inclusion in a consumer report. An entity is not a furnisher when it : ( 1 ) Provides information to a consumer reporting agency solely to obtain a consumer report in accordance with sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) Is acting as a consumer reporting agency as defined in section 603 ( f ) of the FCRA ; ( 3 ) Is a consumer to whom the furnished information pertains; or ( 4 ) Is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumer 's character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.

( d ) Integrity means that information that a furnisher provides to a consumer reporting agency about an account or other relationship with the consumer : ( 1 ) Is substantiated by the furnisher 's records at the time it is furnished ; ( 2 ) Is furnished in a form and manner that is designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; and ( 3 ) Includes the information in the furnisher 's possession about the account or other relationship that the Bureau has : ( i ) Determined that the absence of which would likely be materially misleading in evaluating a consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ; and ( e ) Duty of furnisher after receiving a direct dispute notice. After receiving a dispute notice from a consumer pursuant to paragraphs ( c ) and ( d ) of this section, the furnisher must : ( 1 ) Conduct a reasonable investigation with respect to the disputed information ; ( 2 ) Review all relevant information provided by the consumer with the dispute notice ; ( 3 ) Complete its investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681i ( a ) ( 1 ) ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( 4 ) If the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the furnisher provided inaccurate information of that determination and provide to the consumer reporting agency any correction to that information that is necessary to make the information provided by the furnisher ( b ) Definitions. The following definitions apply to this exemption : 16 CFR 313.1 ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.

( m ) ( 1 ) Nonaffiliated third party means any person except : ( i ) Your affiliate; or ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ).

( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type described in section 4 ( k ) ( 4 ) ( H ) or insurance company investment activities of the type described in section 4 ( k ) ( 4 ) ( I ) of the Bank Holding Company Act ( 12 U.S.C. 1843 ( k ) ( 4 ) ( H ) and ( I ) ).

( n ) ( 1 ) Nonpublic personal information means : ( i ) Personally identifiable financial information; and ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any personally identifiable financial information that is not publicly available.

Subpart A - Privacy and Opt Out Notices 313.4 Initial privacy notice to consumers required.

( a ) Initial n 15 U.S. Code 6801 - Protection of nonpublic personal information a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information.

( b ) Financial institutions safeguardsIn furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

Company response to consumer: Closed with explanation