Consumer complaint received 2024-02-02
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 (MD)

I am writing to formally file a complaint against CAPITAL ONE BANK and XXXX for blatant violations of my rights under the Fair Credit Reporting Act ( FCRA ), Code of Federal Regulations ( CFR ), and the Privacy Act of 1974. I am seeking accountability, vindication, and compensation for their willful disregard of the aforementioned laws, specifically related to the unauthorized disclosure of my nonpublic personal information. 

Consumer Reporting Agencies, as defined by the FCRA ( 15 U.S.C. 1681a ( f ) ), play a critical role in assembling and evaluating consumer credit information. XXXX, being a Consumer Reporting Agency, is obligated to adhere to the stringent requirements of the FCRA, ensuring the protection of consumer privacy ( 15 U.S.C 1681 ). 

Details of Violations : XXXX. XXXXOpt Out Notice : XXXX On XX/XX/XXXX, I explicitly directed CAPITAL ONE BANK to cease reporting my personal consumer information to third-party affiliates through an opt-out notice, as per 12 CFR 1016.7. Despite this, CAPITAL ONE BANK continues to report my information to XXXX, directly violating the FCRA. ( Opt-out notice attached. ) To cure any ambiguity, XXXX does not have my consent to furnish any personal information, whether it be verbal, non-verbal, written, implied or otherwise, is REVOKED! 

XXXX XXXXDisclosure of Nonpublic Personal InformationXXXX  CAPITAL ONE BANK, a financial institution, disclosed my nonpublic personal information to XXXX without proper notice or consent, violating the Privacy Act of 1974 ( 5 U.S.C 552a ) and the FCRA ( 15 U.S.C code 6802 ). 

XXXXXXXX XXXXExclusion of Transaction and Experience InformationXXXX CAPITAL ONE BANK included transaction history in reported information, violating the exclusionary provision of 15 U.S. Code 1681a ( 2 ) ( A ) ( i ), causing significant financial and emotional distress. 

XXXX. XXXXAdverse Item of InformationXXXX CAPITAL ONE BANK is reporting adverse information without my consent, affecting my credit. This directly violates 15 U.S.C 1681C ( a ) ( 5 ) and the FCRA. 

Remedial Actions Demanded : XXXX. Immediately delete any reports or disclosures made by CAPITAL ONE BANK to XXXX containing my personal information, specifically transaction history. 

XXXX. Compensation for Damages : Under XXXX XXXX XXXX XXXX, I demand compensation of { {$1000.00} } per violation for the damages incurred due to willful noncompliance. My fee invoice will be sent to XXXX directly. 

I kindly request the Consumer Financial Protection Bureau to take swift action against CAPITAL ONE BANK and XXXX to ensure compliance with the laws and regulations outlined above. Your intervention is crucial to rectify this situation promptly and hold both the banking institution and reporting agency accountable for their unlawful actions. 

Enclosed are supporting documents detailing the violations and their impact on my financial and emotional well-being. I appreciate your attention to this matter and await your prompt action.