Consumer complaint received 2022-10-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
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:
Default and Opportunity to Cure XXXX Re : Capital One Case : XXXX To whom it may concern ; This is in reference to your financial institution response to my CFPB complaint # XXXX Be advised that my complaint was not a request for verification or validation of the Consumer Credit Transaction which will be constituting a dispute. 

I respectfully requested your financial institution to Cease and Desist the sharing of my nonpublic personal information to non-affiliated third parties, XXXX, XXXX, and XXXX. 

pursuant to 15 USC 6809 ( 4 ) and Pursuant to 15 USC 6809 ( 5 ). 

I submitted my complaint on XX/XX/2022 through the Consumer Financial Protection Bureau, because of the unfair, and deceptive practices that financial institutions like Capital One use against Consumers like myself. 

According to your response of my CFPB complaint you stated that I wanted you to modify the information you reported about the account. Thats a violation of 15 USC 1611 ( 1 ).

You also stated that your reporting accurate information. And you requested that the CRAs report the account as being disputed by me. Thats a violation of 15 USC 1611 ( 1 ) And for those reasons, your respectfully declining my request to Cease and Desist. Which is a violation of 15 USC 1611 ( 3 ).

Nowhere in my complaint did I mention anything regarding a dispute, or verify, or validate the account. I specifically requested your Financial Institution to cease and desist the sharing of my nonpublic personal information to non-affiliated third parties, XXXX, XXXX, and XXXX. 

The Federal Law is quite clear about requirements imposed on financial institutions.

The provisions of 15 USC 6801 ( a ) state It is the policy of theCongressthat eachfinancial institutionhas an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information.

The provisions of 15 USC 6802 ( a ) state Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information.

The provisions of 15 USC 6802 ( b ) ( 1 ) states A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless The provisions of 15 USC 6802 ( b ) ( 1 ) ( A ) states such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; The provisions of 15 USC 6802 ( b ) ( 1 ) ( B ) states the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and The provisions of 15 USC 6802 ( b ) ( 1 ) ( C ) states the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Criminal liability for willful and knowing violationThe provisions of 15 USC 1611 states Whoever willfully and knowingly ( 1 ) gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, ( 3 ) otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both.

I am attaching valid proof that your financial institution violated my consumer rights under the provisions of the FCRA. I hereby grant Capital One, the opportunity to remedy this matter by doing the following things ; Deletion from all consumer reporting agencies Pay as per the attached invoice Respect my Rights as a Consumer Your financial institution Capital One, failed to respond to my request regarding the sharing of my nonpublic personal information to non-affiliated third parties which is an infringement of my Consumer Rights. I will not hesitate to escalate this matter to a Federal Complaint if your financial institutions Capital One decide to ignore my request. 


Yours Truly, XXXX XXXX XXXX

Company response to consumer: Closed with explanation