Consumer complaint received 2022-11-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
Since XX/XX/2022, ( 4 ) official, registered mail notice letters have been sent out to XXXX XXXX XXXX XXXX XXXX XXXX Capital One Bank, XXXX, XXXX and XXXX XXXX XXXX XXXX. regarding clear and factual violations of FRCA ( Fair Credit Reporting Act, 15 USC 1681a ), specifically, section 603 ( 2 ) ( A ) ( i ) ; EXCLUSIONS. All four entities mentioned have either refused to respond in writing and/or have blatantly refused to comply with the above federal statute and provision, by continuing to submit data to all three credit bureaus- XXXX, XXXX & XXXX XXXX which includes " ... transactions or experiences between the consumer/myself ) and the person making the report ( credit & loan providers/servicer ) . '' To be more specific, " ... transactions or experiences, '' include data/information, which openly discloses to the public, without implicit authorized permission granted by the consumer, 1 ) exact dollar amounts and 2 ) detailed payment history, by which my US Senator XXXX XXXX Office confirmed to me in a phone call, to wit, " ... a clear, concise and non-ambiguous categorized, textual interpretation of the FRCA, under Exclusions, as read under section 603 of the FRCA. Subsequent conference calls with each respective legal compliance of all three national consumer credit reporting bureaus confirmed that I should submit a request to all entities whom are reporting and sending this data to the credit bureaus, " THEY SHOULD CEASE AND DESIST FROM SUBMITTING SAID DATA- i.e. dollar amounts and payment history ; as part of their reporting requirements of existing, active and non-active accounts. The preceding phone call was, in fact, an admission by all three credit bureau legal compliance departments, as to their complicit, knowing and willingly cooperation, as co-conspirators towards on-going violations of section 603 of the FRCA, imposed upon every single consumer within the United States of America . All three credit bureaus confirmed to me on the same call that if the data is not submitted and placed onto my consumer report, the algorithms used to generate an accurate and fair FICO score would reveal a FICO score between 115-128+ points higher than my current FICO score. Willful, intentional and knowingly reporting dollar amounts and payment history negatively affects FICO scoring results to reveal actual creditworthiness, which is racially prejudicial, biased and discriminatory, along with a potential violation of Data Privacy Laws and Consumer Privacy Laws, in conjunction with willful and intentional FRCA violations. 

Continued reporting and submission of this data by my creditors, to-date and retroactively have and continue to expose me to financial losses every single week. XXXX  legal department also sent an email to me, stating, they would continue to send this data to the credit report bureaus, even as their own internal policy, under Credit Reporting, clearly stipulates, that reporting to the credit bureaus is discretionary and not mandatory requirement. XXXX  effectively admitted in writing in an internal email to me through the secure e-messaging platform, they were choosing to continuing discriminating against me, even though their internal bank policy allows for discretionary, at-will treatment of issues and concerns brought to their attention. Capital One Bank and XXXX have not responded, to-date.

Company response to consumer: Closed with explanation