Consumer complaint received 2023-04-25
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I would like to draw your attention to the fact that my privacy has been breached due to late payments on my accounts, and demand the immediate removal of all such information from your website and company records. 
As a consumer, I have the right to privacy under the Fair Debt Collection Practices Act. However, my right to privacy has been violated due to the late payment reports associated with my accounts. It is a fact that communication includes conveying information through any medium, which includes mail, email, publications, text, letters, phone calls, etcetera as it pertains. Location information includes my telephone number, place of abode, or place of employment. 
I was not given any notice of negative information from Capital One Auto, as required by law, and thus the company is in violation of the Fair Credit Reporting Act. I did not receive such notice and thus CAPITAL ONE AUTO is in violation of 1681s-2 ( 7 ) ( A ) ( i ) and the information associated with XXXX XXXX account . Furthermore, it is a fact that Capital One Auto violated 15 U.S. Code 1681s-2 ( 7 ) ( E ) by reporting my information without lawful authority. 
In accordance with regulations of the Bureau, 12 CFR 1026.13 ( d ) ( 3 ), until my request to resolve a billing error has been done by providing all documentary evidence for clarification of who funded the account, Capital One Auto can not report late payments. If Capital One Auto reports late payments without meeting the requirements under 15 U.S.Code 1637 ( b ), this is a violation of 15 U.S.Code 1666b and all late payments reported associated with the account. 
As a consumer, I have the right to privacy and the right to know where and how to direct the disclosure of my nonpublic information, pursuant to 15 U.S. Code 6801 ( a ). Financial institutions must ensure the security and confidentiality of consumer records, as per 15 U.S. Code 6801 ( b ) ( 3 ), and must protect against threats and maintain the integrity of records. Lastly, financial institutions must prevent unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer such as I, the affiant, in fact. 
I am aware that Capital One Auto did not disclose to me my right to opt-out of the disclosure of my nonpublic information, in accordance with 15 U.S. Code 6802 ( b ) ( a ). I was not given the opportunity to opt-out of the disclosure of my nonpublic information, and I was not given any directions on how to exercise my right to opt-out. 

I would like to highlight that it is a fact that nothing under 1681s-2 ( 7 ) ( A ) requires negative information to be furnished to a consumer reporting agency. However, what is required by a furnisher is to report 100 % accurate information if the company engages in the act of reporting information to a consumer reporting agency. 
It has come to my attention that the requirement of reporting accurate information has been misconstrued with the non- requirement to report negative information. This is a direct violation of 15 U.S. Code 1681s-2 ( 7 ) ( E ) and has resulted in my information being reported without lawful authority. 
I urge you to take necessary action to rectify this issue and ensure that accurate information is being reported about me to the consumer reporting agency. 
Thank you for your prompt attention to this matter. 
Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation