Consumer complaint received 2024-07-20
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)

Dear Consumer Financial Protection Bureau, as a federally protected consumer, I am writing to submit a formal complaint against the financial institution Capital One Financial and consumer reporting agency XXXX XXXX XXXX XXXX XXXX, which are non affiliates of Capital One Financial, for violations of my federally protected privacy rights. This complaint pertains to Bank Name : CAPITAL ONE 360 Bank Routing # : XXXX Account # : XXXX Open Date : XX/XX/XXXX Current Account Status : Present Previous Account Status : New Account Date of Last Status Change : XX/XX/XXXX Name : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX GA XXXX, XXXX Date of Birth : XX/XX/XXXX. I kindly demand that the above account be deleted from my consumer report for the following reasons : According to the Fair Credit Reporting Act ( 15 USC 1681 ), Section 602 states, " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. XXXX XXXX XXXX is a consumer reporting agency, and I am the consumer. I have the right to make sure my private information isn't shared, which is backed by 15 USC 6801, which states, '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Capital One is a financial institution by definition under that title. 15 USC 1681, Section 604, Section 2, states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. Capital One and XXXX XXXX XXXX  do not have my consent to furnish this information, and they surely do not have my written consent. Any and all consent to Capital One Financial, whether written, unwritten, verbal, or nonverbal, is revoked, which I have written in my Capital One Financial opt-out letter that I sent out on XX/XX/XXXX, which will be included as a document in this complaint, and my dispute letter to XXXX XXXX XXXXXXXX XXXX which I sent out on XX/XX/XXXX. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Capital One never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states, '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information any other adverse item of information other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission, which is against the law. 15 U.S. Code 1681e states, '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under Section 1681b of this title. XXXX XXXX XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 states that " a consumer may exercise the right to opt out at any time. As I mentioned above, I sent a letter to Capital One on XX/XX/XXXX, which I stated. Dear Capital One, Per the Fair Credit Reporting Act ( FCRA ), as a federally protected consumer, I am now opting out of any and all authorization I, the consumer, have given you, written, unwritten, verbal, and nonverbal, per 15 USC 6802. Also, as I stated above, this will be my second attempt at fixing the issue. Despite sending a formal dispute letter to XXXX XXXX XXXX on XX/XX/XXXX, I have not received any response whatsoever, indicating that my communication has been ignored. which indeed violates 15 U.S. Code 1681n civil liability for willful noncompliance and 15 U.S. Code 1681o civil liability for negligent noncompliance. I'm entitled to monetary compensation under FCRA. 15 U.S.C. 1681i ( 6 ) Notice of Results of Reinvestigation. ( A ) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than XXXX business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency. ( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( I ) a statement that the reinvestigation is complete pursuant to the FCRA. I kindly demand that this account be completely removed from my XXXX XXXX XXXX  consumer report. Thank you for your prompt attention to this matter. I look forward to your timely resolution of this dispute.