Consumer complaint received 2024-02-17
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)

Title 15 USC subsection 1666b states : ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. 

Capital One, the creditor has been furnishing illegal reporting of transactions to my credit report by 1. Reporting transaction history such as late payments on two closed accounts requested by me the consumer as if they are still current and active. The accounts are closed as reported therefore there is no activity. These accounts are being reported frequently as late greatly damaging my credit profile. 

Furnishing transaction information and history without my consent or authorization and against the law, as stated above is illegal reporting. 15 USC 1681b Just today, a new late payment was added and reported on one of the closed account. Further damaging my credit profile and score even more, also during an active dispute. 

This is an intentional retaliation response to and upon the deletion of one of the two charged off accounts, reporting unlawfully to my credit profile.

The law states inaccurate information can not be reported and requires prompt deletion upon notice. 15 USC 1681 s-2 ( a ) Duty of furnishers of information to provide accurate information ( 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. 

XXXX, Capital One and affiliates, are aggressively violating my rights, and adversely damaging my profile. As the consumer, in accordance to the FDCPA. 

The inaccurate reporting of transactions- late payments- are causing DAMAGES to my credit report and significantly hurting it. 

Two charged off accounts, sold to a third party affiliate of Capital One, which is XXXX XXXX, are also adversely reporting on my credit report. 

I did not contract with XXXX XXXX or any of Capital One third party affiliates. Or given prior authorization nor consent to them for any circumstance or reasons. 15 USC 6802 Charged off accounts are also considered income by the IRS PUBLICATION 4681 and INCOME CAN NOT BE legally reported to the credit bureaus. 

Charged off accounts require a 1099-C copy to be delivered which confirms that this debt has already been paid, forgiven and cancelled and should not be collected. Inaccurate reporting is illegal. 

States Completed investigation of FCRA dispute - consumer disagrees Violation : failed to properly investigate Violation : continuation of illegal reporting of transactions when the law does not allow transactions to be reported. 
Violation : Charged off accounts are paid in full. I do not have a contract with Capital One third party affiliate therefore the reporting of paid debt to a third party affiliate with my consent is a direction violation of 15 USC 1681 and 15 USC 1666b One of the two charged off accounts has already been deleted, but one still remains on my report after initiating a dispute. 

Consumers should not have to also submit a complaint to CFPB to have a dispute resolved in a timely manner. As quick as when negative information is immediately furnished to our report, negatively affecting the credit profile and scores, all without our prior written consent or any prior notice of the right to not have negative information reported, as required by law - Title 15. 

Disputes should be handled in accordance to the law and as effectively as the inaccurate reporting being furnished. 

All companies are fully liable for all violations of the law in accordance with illegal reporting of transactions and the failure to promptly delete upon notice. 

Intentional, deceptive practices are also prohibited by law in which these companies are governed by in accordance to commerce and consumer law. 
15 USC 45, 15 USC 1692.

15 USC 1611.

States ( 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 ( 1 ) ( 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 Failure to remedy will result in a payment of sums of {$1000.00} for every violation.