Consumer complaint received 2023-12-22
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 (NC)

I am writing to bring to your attention a multifaceted concern regarding the accuracy of information on my consumer report, specifically involving the reporting practices of Capital One, XXXX, XXXX. Before delving into the specifics of my account, I would like to highlight pertinent legal provisions under the Fair Credit Reporting Act ( FCRA ) and the Privacy Act of 1974.

As outlined in 15 USC 1681 section 602 ( a ), there is a clear mandate for consumer reporting agencies to exercise their responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. XXXX, XXXX, and Capital One, being consumer reporting agencies and financial institutions, must adhere to these principles, and I, as the consumer, hold the right to ensure the confidentiality of my private information, supported by 15 USC 6801.

Moreover, 15 USC 1681 section 604 ( a ) ( 2 ) specifies that any consumer reporting agency may furnish a consumer report only under certain circumstances, primarily in accordance with the written instructions of the concerned consumer. It is crucial to emphasize that neither Capital One ( the financial institution ) nor XXXX, and XXXX have my consent, whether verbal, non-verbal, written, implied, or otherwise, to furnish this information. Any and all consent to these entities, including Capital One, is hereby revoked as per 15 USC 6802 ( b ) ( c ).

In addition, the failure of financial institutions, such as Capital One, to inform consumers of their right to exercise nondisclosure options is a clear violation of 15 USC 6802. This is compounded by the fact that Capital One, as a furnisher of information, has not provided an explanation of how I can exercise my nondisclosure option, as required by law. 
Further violations are evident in 15 USC 1681C ( a ) ( 5 ), which prohibits consumer reporting agencies from including adverse items of information in consumer reports without proper authorization. Capital One 's reporting of late payments without my permission constitutes an adverse item reported against the law. 
Additionally, 15 U.S. Code 1681s2 mandates furnishers of information, including Capital One, to provide accurate information and prohibits reporting information with actual knowledge of errors. By reporting inaccurate late payments, Capital One may be in violation of this duty. 
XXXX, and XXXX are further subject to 15 U.S. Code 1681e, requiring them to maintain reasonable procedures to avoid violations of FCRA sections, particularly to limit the furnishing of consumer reports to specified purposes under section 1681b. 
Upon reviewing my consumer report with XXXX, XXXX and I observed that Capital One is reporting late payments, specifically on the following accounts : Account Name : CAP1/WMT Account Number : XXXX Status : 30 days past due as of XX/XX/XXXX Account Name : CAPITAL ONE Account Number : XXXX Status : 30 days past due as of XX/XX/XXXX Capital One 's reporting of these late payments is a clear violation of FCRA, as detailed in 15 USC 1681a 2 ( A ) ( i ), and may also constitute a breach of the Privacy Act of 1974. 
In light of these concerns, I kindly request a comprehensive investigation into these matters, the removal of inaccurate information from my consumer report, and immediate notification to Capital One regarding their failure to inform me of my right to opt out and their violation of FCRA and Privacy Act regulations.