Consumer complaint received 2024-02-15
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 (TX)

Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) ( 4 ) states : There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 

XXXX XXXX XXXX are consumer reporting agencies and I am the Consumer. As a Consumer, I have the right to make sure that my private information isnt shared which is backed by 15 U.S. Code 6801 - Protection of nonpublic personal information.

15 U.S. Code 6801 ( a ) 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 title 15 U.S. Code 6801 which states : ( A ) In general The term financial institution means any institution the business of which is engaging in financial activities as described in section 1843 ( k ) of title 12.

15 U.S.C. 1681b Section 604 ( a ) ( 2 ) States : ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

Capital One, the financial institution and the Consumer reporting agencies XXXX XXXX XXXX do not have my consent to furnish any information and they surely do not have my written consent. Any and all consent whether it is verbal, non-verbal, written, implied, or otherwise has been REVOKED. 

15 USC 6802 ( b ) ( C ) states : A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe 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.

Also, 15 U.S.C. 1681c ( a ) ( 5 ) states : Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) 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 that XXXX XXXX XXXX are reporting WITHOUT MY PERMISSION which is against the law. 

15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) states : 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.

15 U.S.C. 1681e states : Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title. 

XXXX & XXXX are not maintaining reasonable procedures. Also, 12 CFR 1016.7 ( h ) states : A consumer may exercise the right to opt out at any time.

I AM OPTING OUT OF YOUR REPORTING SERVICES. 

My previous requests have been ignored by Capital One, XXXX, & XXXX. I expect the CFPB to enforce the laws described in this complaint.