Consumer complaint received 2024-08-17
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: CAPITAL ONE FINANCIAL CORPORATION (GA)

I am writing this complaint to bring to your immediate attention some serious violations of the Fair Credit Reporting Act ( FCRA ) committed by Capital One Auto Finance. Specifically, regarding the furnishing of inaccurate information on my XXXX, XXXX and XXXX consumer reports, which includes late payments. I, as a consumer, adamantly assert that such actions of furnishing negative information is causing substantial economic harm to myself and my household. As a result, I have suffered various harms, including the denial of new credit and increases in lines of credit ( See evidence ). This invasion of my privacy has caused reputational, emotional, physical, and economic harm. 

I am a victim of identity theft. I have filed an identity theft report with my local police department and the FTC ( see evidence ). I wrote a notarized letter to Capital One Auto Finance on XXXX XXXX via certified mail [ # XXXX ], which was received on XX/XX/XXXX, at XXXXXXXX XXXX concerning this issue. I referred to 15 USC 1666b and 15 USC 1637 ( b ) regarding the fact that a creditor can not treat a payment as late without complying with this section of the law. I requested in good faith under Rule 1002 the documents that show proof that the information pursuant section 15 USC 1666b and 1637 ( b ) of this title was mailed out or delivered 21 days before the payment due date. To date, I have not received any of these documents, so I am compelling Capital One Auto Finance to review 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ).

This brings me to 15 USC 6803 ( a ). I never received these disclosures, so I am requesting these disclosures pursuant to Rule 1002, along with the certified mail tracking number to prove that they were sent as prescribed by law. To date, I have not received any of these documents.

After further review of 15 U.S. Code 1681b ( f ), I am also requesting the general or specific certification pursuant to Rule 1002, as required by 15 U.S. Code 1681e ( a ) to furnish information on my consumer reports. Additionally, I am requesting that Capital One Auto Finance provide me with the tracking number and certified mail receipt of the notice of negative information that was to be provided to me, in writing, as required by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) within the timeframe established by 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ), prior to or no later than 30 days after Capital One Auto Finance furnished any negative information on my consumer reports, also pursuant Rule 1002. Without this preponderance of evidence or proof of compliance Capital One Auto Finance is in violation of the FCRA. I have received no such notice for the following negative information on account number # XXXX : XXXX : late payments XXXX XXXX XX/XX/XXXX ( 6 total ) XXXX XXXX late payments XXXX XXXX XX/XX/XXXX ( 6 total ) XXXX : late payments XXXX XXXX XX/XX/XXXX ( 6 total ) I reiterate, a creditor may not treat a payment as late, unless it has mailed or delivered the required notice under 15 USC 1666b and 15 U.S.C. 1637 ( b ). I am again requesting proof pursuant Rule 1002 that this noticed was mailed or delivered to me not later than 21 days before the payment due date; including but not limited to the certified mail receipt.

Failure to provide this documentation is an indication that Capital One Auto Finance has violated the law, including 15 U.S. Code 1681e ( a ) and 15 U.S. Code 1681b ( f ). This would also indicate that 15 U.S. Code 1681q is applicable, which is tantamount to 18 U.S.C. 1028A. Under this provision, Capital One Auto Finance is liable for damages pursuant 15 U.S.C. 1681n ( a ) ( 1 ) ( B ). 

References : Case Law : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( S.D. XXXX. XXXX ) XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( 15 U.S.C. 6823 ) 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) ( i ) 15 U.S.C. 1666b 15 U.S.C. 1637 ( b ) 15 U.S.C. 6803 ( a ) 15 U.S.C. 1681b ( f ) 15 U.S.C. 1681n ( a ) ( 1 ) ( B ) 12 CFR Part 1022 15 U.S.C. 1681e ( a ) 15 U.S.C. 1681q 18 U.S.C. 1028A Rule 1002. Requirement of the Original