Consumer complaint received 2024-06-22
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 (FL)

CAPITAL ONE AUTO FINANCE, is in violation of multiple laws set forth by Congress in regards to the following account # XXXX. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( me ) and the person ( CAPITAL ONE AUTO FINANCE ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( CAPITAL ONE AUTO FINANCE ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate. CAPITAL ONE AUTO FINANCE can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge-off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided a screenshot from the IRS website, from my Consumer Report. By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from CAPITAL ONE AUTO FINANCE for the cancelled debt of {$24000.00} in order to file as ordinary income. Where is my 1099-C? CAPITAL ONE AUTO FINANCE is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than { {$600.00} }. This is unsatisfactory! CAPITAL ONE AUTO FINANCE has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In CAPITAL ONE AUTO FINANCE terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX are not an affiliate of CAPITAL ONE AUTO FINANCE nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( 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.