Consumer complaint received 2022-04-16
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ATTN : CFO NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL To Whom It May Concern : I recently received a copy of my XXXX, XXXX XXXX XXXX XXXX report, and I noticed you CAPITAL ONE are reporting my transactions and experiences specifically a late payment that you have posted on my consumer report : XX/XX/XXXX, you reported that my transaction was 30 days late. 
XX/XX/XXXX, you reported that my transaction was 60 days late. 
XX/XX/XXXX, you reported that my transaction was 30 days late. 


Your company is in clear violation of the law. Pursuant 15 USC 1681a 2 ( A ) ( i ) EXCLUSIONS- Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; THE LAW CLEARLY STATES : Transactions between the consumer ( ME ) and the person ( YOU ) ( CAPITAL ONE ) Making the report is NOT INCLUEDED on my Consumer report! 
A Late payment is a transactional history, My HISTORY with your company. CONGRESS clearly states that the reporting of Transactions or experiences between the CONSUMER and the PERSON making the report is not included on the consumer reports!

YOU HAVE VIOLATED THE FCRA 15USC 1681a 2Ai by reporting this transaction or experience on my consumer which CONGRESS clearly states IS NOT included on my CONSUMER REPORTS. 
You have 10 calendar days to update my Transaction/Payment history and DELETE all late payments from the below account XXXX # XXXX You are hereby PUT ON NOTICE that the reporting of my transactions or experiences with your company to the consumer reporting agencies is a DIRECT VIOLATION of the Fair Credit Reporting Act 15 USC 1681a 2 Ai and this constitutes to inaccurate reporting.

Furthermore, pursuant to 15 USC 1681 S-2 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors 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.

Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact. 
PROHIBITION : a law or regulation forbidding something You have been notified that you are reporting in accurate inform to the consumer reporting agencies. 
As out lined in 15 USC 1681a 2Ai Congress specifically says transaction or experiences with the Consumer ( me ) and the person ( XXXX XXXX XXXX XXXX making the report is not included on my consumer report. Without a shadow of a doubt you now know that the information you are reporting is in fact inaccurate. 

CAPITAL ONE Ignorance of the law is no excuse! 

15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information. 
You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report. 


CAPITAL ONE DO NOT SEND ME ANY CORRESPONDENCES IN REGARD TO THIS NOTICE UNLESS IT IS TO CONFIRM THAT YOU ARE COMPLYING WITH THW APPLICABLE LAW and you have DELETED THE TRANSACTION or EXPERIENCE THAT YOU HAVE REPORTED AS 30 DAYS LATE to the CONSUMER REPORTING AGENCIES. 


YOU HAVE 10 CALENDER DAYS FROM THE RECEIPT OF THIS NOTICE TO DELETE TRANSACTION FROM MY CONSUMER REPORT AND SEND OUT A NOTICE THAT SAID TRANSACTION WAS IN FACT DELETED FROM MY CONSUMER REPORTS. 



Failure to respond satisfactorily with deletion of the above Transaction/Late Payments, will result in legal actions being taken against your company, for which I will also be seeking Actual Damages as a result of your failure to comply with the law and the sections of the Fair Credit Reporting Act for the following violations : 1. Any Actual Damages 2. Defamation of Character 3. Negligent Non-Compliance 4. Civil Liability 5. XXXX XXXX 6. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] Best regards, XXXX XXXX

Company response to consumer: Closed with explanation