Consumer complaint received 2023-02-03
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
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:
To Whom It May Concern : Re : This was not sent in error, not a material misrepresentation, and If you have a record that the information below is inaccurate please have a senior executive from your company certify under the penalty of perjury to its accuracy.

Be advised : I consider all information associated with me including but not limited to my name, accounts, addresses, phone numbers, and associated identity numbers as well as numbers, characters, and/ or similar symbolic arrangements to be personal, confidential, and uniquely mine ( copyright attached ).

As such, arrangements must be made with me to use or store such information. Any permission and/ or authorization you think you may have had regarding the use and/or storage of such information is hereby revoked and a new agreement is constituted beginning this day. 

After numerous attempts to resolve this issue with XXXX XXXX, XXXX, and XXXX ( CRA ), certain information is still being " validated '' " certified '' " verified '' after the primary investigation and reinvestigation. This has been causing me undue anxiety, I am distressed due to the adverse information being reported to the CRA, and this distress related to an inability to move forward in commerce and hindering my ability to move forward in my business affairs affecting my livlihood. 

Under Federal Law, I, the consumer, have rights regarding the reporting of information in my consumer report. My name continues to be reported incorrectly...

Names XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Accounts XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX.. and the information associated with it is causing me significant harm. All of which continues to be verified, updated, and reported to the CRA.

I DO NOT consent to the use of my name in any way, nor did I provide written consent for the use of my name ( see attactched copyright ) - 17 USC 501 Infringement of Copyright ( b ) The legal or beneficial owner of an exclusive right under a copyright is entitled, subject to the requirements of section 411, to institute an action for any infringement of that particular right committed while he or she is the owner of it. ( see attatched ) You are hereby advised that you DO NOT have my permission to store information regarding me or information attributed to or about me. Therefore, you are hereby ordered to remove and purge any such data or information from your filing systems Any permission, right, or privilege you think you may have had to store information or data regarding me is hereby revoked.

42 U.S. Code 408 ( a ) ( 8 ) ( 9 ) Penalties ( a ) In general Whoever ( 8 ) " discloses '', " uses '', or " compels the disclosure '' of the social security number of any person in violation of the laws of the United States ; or ( 9 ) conspires to commit any offense described in any of paragraphs ( 1 ) through ( 4 ), shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, I DO NOT consent nor give written authorization for the use of my personal and private information 15 USC 1681b ( a ) ( 2 ) ( a ) 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.

Furthermenre, the FCRA protects, me, the consumer from adverse information being in my consumer report.

15 USC 1681c Section ( a ) ( 5 ) ( a ) Information excluded from consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) ANY other ADVERSE item of information, other than records of convictions of crimes which antedates the report by more than seven years.

UCC 2-209 Recession of Contract You are entering a binding contract and a new agreement is constituted beginning this day.

You are hereby granted permission to use and/or store such information and/or data while you compensate me at a rate of {$5000.00} per month due and payable on the first day of each month, plus a two percent monthly interest rate on monthly unpaid balances, plus {$500.00} per occurrence late charge, plus a {$1000.00} billing fee. You will send a notarized agreement and payment to the address below. 
Payable by Cahsiers Check to XXXX XXXX c/o XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX Failure to send agreement and payments beginning XX/XX/2023 makes the use of any of my personal information an infringement of copyright and legal action will be sought.

Company response to consumer: Closed with explanation