Consumer complaint received 2023-09-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IN
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I never received any documentation regarding the reason for improper reporting from any agency. In fact according to the Fair Credit Reporting Act 15 USC 1681 section 602 states, " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, as well as respect for the consumer 's rights to privacy. '' XXXX, XXXX, and XXXX are consumer reporting agencies and I am the Consumer. I have the right to to make sure my private information isn't shared which is in fact backed by 15 USC 6801 which states, " It is the policy of Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its consumers as well as to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of the information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 section 2 states, " In general subject to subsection ( c ) any 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 in which it relates. '' ( Furnisher of information to credit agencies ) the financial institution as well as the consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, and XXXX ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states, " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- the consumer is given an explanation of how the consumer can exercise that nondisclosure option, '' ( Furnisher of information to credit agencies ) I have never been informed of my right to exercise my nondisclosure option. In fact 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 as well as any adverse item of information other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code1681s-2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer or 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 designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purpose listed under section 1681b of this title. '' XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Lastly 12 CFR 1016.7 states, " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. ''

Company response to consumer: Closed with explanation