Consumer complaint received 2024-08-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION (GA)

I am filing a complaint against Capital One Bank USA Na, XXXX, XXXX, and XXXX for inaccurate reporting of a charged-off debt, violations of the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), the Consumer Financial Protection Act ( CFPA ), the Privacy Act of 1974, and the Gramm-Leach-Bliley Act ( GLBA ). 


Capital One Bank USA Na has reported a charged-off debt to XXXX, XXXX, and XXXX on my credit report. This is in violation of the FDCPA, which states that when an account is more than 180 days past due, it must generally be charged off. Despite being charged off, Capital One Bank USA Na has failed to provide me with a 1099-C form, as required by IRS code 4681. 

Capital One Bank USA Na has violated the FCRA ( 15 US. .Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ) by reporting inaccurate information to the credit bureaus. Specifically, they have reported the charged-off debt without having reasonable cause to believe that the information is accurate. This has severely affected my overall score and financial stability. 

Capital One Bank USA Na actions also violate the Consumer Financial Protection Act ( CFPA ) - 12 CFR 31.3 and the CFPA 's prohibition against unfair, deceptive, or abusive acts or practices. By continuing to report the charged-off account as a debt, Capital One Bank USA Na is engaging in deceptive conduct that harms consumers ( Me ). 

Furthermore, Capital One Bank USA Na has violated my rights under the Privacy Act of 1974. The Privacy Act of 1974, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. Capital One Bank USA Na improperly disclosed my personal information to credit reporting agencies, specifically XXXX, XXXX, and XXXX without my permission. 

Additionally, Capital One Bank USA Na has violated the GLBA ( 15 U.S.C. 6802, also known as section 502 ( b ) of the Gramm-Leach-Bliley Act ) by failing to provide me with a clear and conspicuous notice of their intent to share my nonpublic personal information with nonaffiliated third parties, such as XXXX, XXXX, and XXXX. This coincides with 16 CFR 313.7 ( Form of opt out notice to consumers ; opt out methods ) 16 CFR 313.10 ( Limits on disclosure of non-public personal information to nonaffiliated third parties ) and 248.124 ( Reasonable opportunity to opt out ). 

Supporting Documentation : Credit Reports to Show Lack of Unison and Accurate Reporting Opt Out Letter to Capital One Bank USA Na that was ignored FDCPA Documentation concerning charge-off statuses Requested Relief : I request that the CFPB investigate this matter and take appropriate action against Capital One Bank USA Na , XXXX, XXXX, and XXXX. I seek the removal of the inaccurate information from my credit report, as well as compensation deemed appropriate and upholding the law per violation committed.