Consumer complaint received 2024-06-26
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 (GA)

The account in regards to CAPITAL ONE on my consumer report is directly related to identity theft. I have previously complained about this account in the past being that this isnt my first complaint regarding this fraudulent account I feel that XXXX and XXXX are not maintaining reasonable procedures. I have already notified XXXX and XXXX of this fraudulent account. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. XXXX and XXXX have reasonable cause to believe the information is inaccurate due to the fact that I have notified them that this account is related to identity theft. I have also filed an identity theft report and have notified CFPB and FTC of this situation. 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 purposes listed under section 1681b of this title. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 
As you can see there is a need to protect the consumers right to privacy.

Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 

As you can see it is REQUIRED of XXXX and XXXX to maintain reasonable procedures which protects the accuracy of my consumer report and proper utilization of my consumer reports. It is very important that Credit reporting agencies follow the FCRA due to the fact my consumer report directly affects my credit worthiness which will affect my general mode of living and household expenses. It also affects my right to credit. XXXX is not only violating the FCRA but my consumer rights as well. 

Furthermore The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; As you can see the Federal Code states that transactions being reported on my consumer report by CAPITAL ONE is a violation of the FCRA. CAPITAL ONE is reporting late payment history on this account for a debt. A debt that I do not owe at that. Alleged Payments between a consumer and the person making the report is a transaction as well as apart of the experience between the consumer and the person making the report. Reporting payment history is a violation of the FCRA reporting transaction history is illegal. Furthermore 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. They need my written consent to add anything to my consumer report if I did not give this authorization that is a violation of the Fair Credit Reporting Act. CAPITAL ONE the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. This is ANOTHER violation. Any and all consent to XXXX, XXXX, and CAPITAL ONE whether it be verbal, non-verbal, written, implied or otherwise is revoked. P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) So the reporting of this account isnt just illegal it is also unlawful as well. Being that as I stated earlier in this complaint this account is DIRECTLY related with Identity Theft. According to 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft. I will reiterate that fact. Anything that is furnished to my consumer report without my written consent could be considered identity theft. Simply because I didnt authorize it to be there. This of course is not the case. I have on multiple occasions had lost my wallet which contained my personal documents due to this fact a thief could have very well gotten my misplaced personal documents and used them to obtain credit in my name. 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency This law just stated that anything I the consumer identify as identity theft MUST be removed from my consumer report no later than 4 DAYS. I expect this account to be removed no later than 4 days from the receipt of this complaint if not then that would be another violation added to the long list of many violations involving the reporting of this account. ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. This clearly states that once I have notified the consumer reporting agencies which are XXXX, XXXX, and XXXX that this account is Identity Theft that the account MUST be removed from my consumer report within 4 DAYS of the receipt of this notice. I will provide pictures of my ID along with a picture of my SOCIAL SECURITY CARD as proof that I am the consumer to whom this Consumer report relates. Along with the Identity Theft Report. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If I can prove they wilfully violated the act I am entitled to at least XXXX $ per violation plus any other damages I have sustained as a result of their failure to follow the law. If I have to file more than XXXX complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after I complained the XXXX time. Which I complained about this account more than 3 times now. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. A Person means a corporation or individual this includes and applies to XXXX XXXX and CAPITAL ONE. So if any of these Persons ( XXXX XXXX CAPITAL ONE ) fail to comply and remove the account after receiving this notice they would be in direct violation of 15 U.S. Code 1681o - Civil liability for negligent noncompliance. Furthermore 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. This Federal Code clearly states that once CAPITAL ONE who is the furnisher of information receives this CFPB complaint which is notice that they must stop furnishing this information to the consumer reporting agencies who are XXXX, and XXXX and XXXX because this account is not mines and it is FRAUD