Consumer complaint received 2022-12-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I have contacted Capital One on several occasions both in writing and via phone regarding a charged off account that is reporting on my consumer file, however I have been unsuccessful with getting a proper resolution. I am requesting that this account be deleted from my consumer report. 

15 USC 1681s-2 ( 3 ) States that if the accuracy of information is disputed the data furnisher may not furnish the information without notice that such information is disputed by the consumer : Capital one has continued to furnish this inaccurate information to the credit reporting agencies and has continued to report the status of this account as Not disputed despite written notices of disputes that I have mailed ( Please see attached proof ). 

Gramm-Leach-Bliley Act ( GLBA ) protects the consumers right to privacy by requiring financial institutions to notify the consumer of their right to opt out of their information being shared with third parties : Capital One never notified me of this right in relation to this account, I have reviewed the original contract ( which I have attached ) issued to me by capital one and it does not address my right to opt out of my non public information being shared. I was never emailed or notified via phone call regarding this right which I would have exercised had I been informed. This is a violation of the ( GLBA ). 

The Fair Credit Reporting Act ( FCRA ) states that the consumer has the right to an accurate and complete consumer report. Capital One has violated this right by reporting two different dates on last activity to XXXX and XXXX ; reporting an incorrect dispute status ; incorrect balance of over {$8000.00} although the agreed settlement amount is {$1200.00}. They have also provided incomplete payment history to XXXX from XXXX by omitting balance, amounts paid and scheduled payment amounts essentially leaving the entire account history blank and incomplete for two years ( Please see attached proofs ). 

According to the IRS General Instructions for Certain Information Returns ( XXXX ) a creditor must furnish the recipient with form XXXX for charged off accounts. I have requested this document from Capital One multiple times in writing and via phone call, however they have refused to provide me with a copy of this important tax document ( please see attached proof ). This account was charged off in XXXX ; it has now been 4 years and they have continued to refuse to provide me with this document. The IRS considers the charged off amount to be income to me ( the recipient ) which I must report on my income taxes as earned income. If this amount is considered income and the debt is considered forgiven then it should not be reported on my consumer file because income is not reported on the consumer report. 

I am hereby requesting that this account be removed from my consumer report for violation of my rights under the FCRA ( by reporting inaccurate and incomplete information ) and GLBA ( by not informing me of my right to privacy and to opt out of sharing my non-public information ).

Company response to consumer: Closed with explanation