Consumer complaint received 2024-01-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION (PR)

I trust this letter finds you well. I am writing in response to my recent XXXX XXXX sent by XXXX, XXXX XXXX XXXX which brought to my attention certain discrepancies regarding my accounts with Capital One. Upon reviewing my XXXX XXXX, I observed that information has been furnished, specifically pertaining to the XXXX XXXX accounts. 

I would like to draw your attention to 15 USC 1692a ( 2 ), where " Communication '' is defined as the conveying of information regarding a debt, directly or indirectly, through any medium. In accordance with this definition, any medium includes oral, written, electronic, or other means, encompassing nonaffiliated third parties, such as the three major CRAs : XXXX, XXXX, and XXXX. Consequently, the act of furnishing the XXXX XXXX by Capital One qualifies as a form of XXXX. 

In light of the aforementioned legal provisions, I hereby demand that you Cease and Desist from disclosing my nonpublic personal information to all nonaffiliated third parties, including XXXX, XXXX, and XXXX. I would like to emphasize that I have not provided consent for your company to share my nonpublic personal information, and I request clarification on any nondisclosure clause within your contract/agreement that grants such authorization.

Referring to 15 USC 6801 ( a ), it is emphasized that financial institutions bear an affirmative and continuing obligation to respect the privacy of their customers and safeguard the security and confidentiality of nonpublic personal information. As per 15 USC 6802 ( B ), a financial institution is prohibited from disclosing nonpublic personal information to nonaffiliated third parties, unless the consumer is given the opportunity to direct against such disclosure and provided an explanation of the nondisclosure option. 

Moreover, I bring to your attention the Privacy Act of 1974 ( 5 U.S.C. 552a ) and the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), which underscore the protection of personal information held by the federal government and consumer reporting agencies, respectively.

Furthermore, under 15 U.S. Code 1681s-2, furnishers of information to consumer reporting agencies are duty-bound to provide accurate information. It is explicitly prohibited to furnish information known to be inaccurate, and upon being notified of errors by the consumer, the inaccurate information must be rectified promptly. 

It has come to my notice that the information being reported is inaccurate, and I formally request that you rectify and delete all inaccurate information from my consumer report immediately. Additionally, I emphasize that the reporting of cancelled debt as a XXXX is in contradiction to IRS guidelines XXXX which define such events as gross or ordinary income, not to be reported on XXXX XXXXIn compliance with IRS regulations, I request that you provide me with Form 1099-C, which should have been sent when the account was filed as cancelled debt, given that the amount exceeds {$600.00}.

I trust that you will address these concerns promptly and take the necessary steps to rectify the inaccuracies in the reportings of my accounts. Failure to comply may result in further legal action. I appreciate your prompt attention to this matter.