Consumer complaint received 2023-09-10
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 (VA)

XXXX XXXX HAS ERRONEOUSLY REPORTED INFORMATION ON MY CREDIT REPORT WITH ALL THREE CREDIT AGENCIES. THE INFORMATION ON THE CREDIT REPORT IS INACCURRATE AND I AM UNABLE TO ACCESS THE FILE WITH THIS AGENCY. THE LENDER XXXX XXXX HAS NOT PROVIDED ANY DOCUMENTATION OF THE FINAL RESOLUTION OF THE LOAN, CHARGE-OFF, PAYOFF STATEMENT, DEFICIENCY JUDGMENT OR THE LIKE WHICH IS IN VIOLATION OF MY FCRA RIGHTS. I AM UNABLE TO REACH THE LENDER WITH ANY OF THE INFORMATION LISTED WITHIN THE CONTENTS OF THE CREDIT REPORT. XXXX XXXX XXXX regarding account # XXXX. Sections 9 and 20 of the FTC Act Section 9 of the FTC Act authorizes the Commission to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation. 15 U.S.C. Sec. 49. Any member of the Commission may sign a subpoena ( pursuant to a Commission-issued resolution for compulsory process in the matter ), and both members and examiners ( employees ) of the agency may administer oaths, examine witnesses, and receive evidence. Id. ; Commission Rule 2.5, 16 C.F.R. Sec. 2.5. If a party fails to comply with a subpoena, the Commission may seek enforcement of the subpoena in [ a ] ny of the district courts of the United States within the jurisdiction of which such inquiry is carried on. 15 U.S.C. Sec. 49. After the Commission files its petition to enforce a subpoena, and following receipt of any response from the subpoena recipient, the court may enter an order requiring compliance. Refusal to comply with a court enforcement order is subject to penalties for contempt of court. The XXXX of XXXX routinely uses the subpoena provisions of Section XXXX to investigate alleged unfair methods of competition and other antitrust violations. By virtue of the FTC XXXX Amendments of 1994, the XXXX XXXX XXXX also may use civil investigative demands ( CIDs ) for investigations of possible antitrust violations. However, the XXXX XXXX XXXX XXXX may use only CIDs, rather than subpoenas, to investigate possible unfair or deceptive acts or practices. FTC XXXX Sec. XXXX, XXXX5 U.S.C. Sec. 57b-1. The scope of a CID is different from that of a subpoena. Both subpoenas and XXXX may be used to obtain existing documents or oral testimony. But a CID may also require that the recipient file written reports or answers to questions. 15 U.S.C. Sec. 57b-1 ( c ) ( 1 ). In addition, Section 20 expressly authorizes the issuance of CIDs requiring the production of tangible things and provides for service of CIDs upon entities not found within the territorial jurisdiction of any court of the United States. 15 U.S.C. Sec. 57b-1 ( c ) ( 7 ) ( B ). Under Commission Rule 2.10, 16 C.F.R. Sec. 2.10, a party may raise objections to a subpoena or a CID by filing a petition to limit or quash. Such petitions will be resolved by the full Commission. The Commission may petition a federal district court to enforce the subpoena or CID in the event of noncompliance, although permissible venue is narrower in a XXXX enforcement action than in a subpoena enforcement case.