Consumer complaint received 2022-10-24
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Other personal consumer report
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I have recently received a copy of my credit report and noticed Capital One placed private information about an account I have with them on my consumer credit reports. Per 15 US code 1684 and 15 US code 1681b from the FCRA, the law clearly states : 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. Meaning, if you havent received written instructions from me, THE CONSUMER, to put an account on my report, it should not be there. This is a violation. I never gave written instructions to furnish any of the following accounts on my report : Capital One Account # XXXX ( COLLECTION/CHARGEOFF ) Secondly, according to 15 USC 1681 , the law states : Accuracy and fairness of credit reporting. The congress makes the following findings : ( 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.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 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. 

The following accounts are inaccurate and are in clear violation of my privacy which is a violation of the law. This is damaging to my reputation. As the consumer, I demand the following accounts be deleted from my credit report immediately. 

Capital One Account # XXXX ( COLLECTION/CHARGEOFF ) As the consumer, I did not give any written instructions to have this account reported on my consumer report. I have not given this creditor permission to put this account on my consumer report. They have no permissible purpose by law to contact third parties with my private or personal information. This offense amounts to aggravated identity theft pursuant to 18 USC 1028A. They have knowingly transferred, possessed or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability.

15USC 1681 ( a ) ( 4 ) A consumer has the right to privacy there is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy.

They are in federal violation of my rights, as a federally protected consumer who has the right to privacy. In addition, I demand to have a copy of my updated consumer report once the deletions have been made.

Company response to consumer: Closed with explanation