Consumer complaint received 2024-10-20
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: CAPITAL ONE FINANCIAL CORPORATION (TX)

Subject : Formal Request for Removal of Nonpublic Information and Violation Notice For Account Number XXXX Dear Capital One, This is my final notice to formally request the removal of my nonpublic and transaction history to be deleted from XXXX, XXXX and XXXX XXXX, also know as credit reporting agencies immediately. I am enforcing my consumer rights and privacy to what can and can not be shared with non affiated third parties. Any rights that was inserted into the terms of the credit card agreement at time of application, I am revoking any and all permissions to share anything about me and my experience with your financial institution. 
Below is why I am requesting all of my transaction history to be deleted : 1. As a financial institution you must provide an initial notice to each customer explaining their privacy policies and practices regarding nonpublic personal information when the account was initially established and annually.

2. You must have permissable purposes in accordance with the written instructions of the consumer to whom it relates. I did not give you permission to report my transaction or nonpublic information about my experience with you.

3. As a financial institution you have an affirmative and continuing obligation to respect the privacy of your customers and to protect the security and confidentiality of our nonpublic personal information. You have not done that and have share my information to various non affilates.

4. As a financial institution you may not, directly or through any affiliate, disclose to a nonaffiliated third party ( credit reporting agencies ) any nonpublic personal information without my written consent.

5. You have never provided to me a clear and conspicuous disclosure in writing or in electronic form on when the reporting of a late payment would occur before the time that such information is initially disclosed. Which would allow me the opportunity to direct that such information not be disclosed to the credit reporting agencies.

6. As a financial institution, you are obligated to disclsose to your customer as to how they could opt out. I was never sent an explantion on how to exercise my nondisclosure option.

As a financial instition you may feel you have a right to report any and all information about my experience with you but there is no law that supports your claim. There are numerous laws that states I have the right to opt out and you must comply or be in violation of {$1000.00} per incedent. I am giving you 4 days to consult with your legal team to verify everything I have stated and to delete all of my nonpubic, transaction history from all CRAs immediately. If you fail to comply, I am ready to take legal actions. Please verify with your legal team, under Gramm-Leach-Bliley Act, financial institutions can face substantial fines for each instance of non-compliant disclosure after you have been advised to stop numerous times. The amounts could potentially reach up to {$100000.00} per violation. As a consumer whose private information is being disclosed without consent may be able to sue the financial institution for damages, including compensation for emotional distress and legal fees. Be advised, any officer or director of the financial institution may also face personal penalties for violations, including fines up to {$10000.00} per violation. Therefore, there is the potential for criminal penalties for intentional or egregious violations brought against the institution or individuals involved, potentially leading to imprisonment. If I do not receive a favorable response within 4 days, this notice will be sent to the Consumer Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ) and the Office of the Comptroller of the Currency ( OCC ) to take enforcement actions against your institution for non-compliance.

I trust you will take this matter seriously and resolve the issue promptly. Please provide written confirmation that my transaction history has been removed from XXXX, XXXX and XXXX XXXX immediately. 
Thank you for your attention to this matter. 
Sincerely,