Consumer complaint received 2023-08-22
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
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:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ' With that being said, I am the Consumer and XXXX, XXXX and XXXX are the consumer reporting agencies. It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of each customer, given them the assurance of knowing that their personal information is securely protected and confidential concealed. It is my right to make sure that my private information has not been exposed and I am sure that 15 USC 6801 is backing me when it comes to making sure my personal is not vulnerable to the public. ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. ( Furnisher of information to credit agencies ) 15 USC 1681 section 604 a section 2 states " In general Subject to subsection ( c ), an consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. ( Furnisher of information to credit agencies ) the financial institution and the consumer reporting agencie XXXX and XXXX do not have my consent to furnish this information and they surey do have my consent in writing. ( Furnisher of information to credit agencies ) Any and all consent to XXXX, XXXX ( Furnisher of Information to credit agencies ) whether it be verbal, no-verbal, written or otherwise is to be revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose non-public information to a non-affiliated third party unless the consumer has provided an explanation of how the consumer can exercise the non-disclosure option. '' ( Furnisher of information to credit agencies ) has never informed me in regard to my right to exercise my non-disclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) states " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than the reords of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reported again without my permission which is against the law. 15 U.S. Code 1681s-2 ( A ) ( 1 ) states " 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. 15 U.S. Code 1681e states " Every consumer reporting agency shall maintain reasonable procedures that are designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. 'XXXX XXXX and XXXX are not maintaining reasonable procedures. Per 12 CFR 1016.7, " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. '' The credit reports, XXXX and XXXX, have the incorrect name. It is questioned whose information is reported on my report?

Company response to consumer: Closed with explanation