Consumer complaint received 2024-01-13
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 (MN)

According to the Fair Credit Reporting Act FCRA 15 USC 1681 section 602a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isnt 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 Financial Corporation is a financial institution by definition stated in 15 U.S. Code 6827 ( 4 ) ( a ) The term financial institution means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. Gramm Leach Bliley Act section 501 ( b ) ( 1 ) states that an agency or authority need to to insure the security and confidentiality of customer records and information and section 502 ( a ) states Except as otherwise provided in this subtitle, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 503. Capital One Financial Corporation may not disclose my transactions and credit utilization to any nonaffiliated third party, such as and including XXXX, XXXX, and XXXX. 15 USC 1681 section 604 a 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 Financial Corporation and the consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish non public information of my credit transactions and credit utilization and they surely do not have my written consent. Any and all consent to Capital One Financial Corporation, XXXX, XXXX, and XXXX whether it be verbal, non-verbal, written, implied, non written or otherwise is revoked. In 16 CRF 313, which is under the authority of 15 USC 6801, part 313.6 ( a ) ( 6 ) it states that privacy notices must include An explanation of the consumer 's right under 313.10 ( a ) to opt out of the disclosure of nonpublic personal information to nonaffiliated third parties, including the method ( s ) by which the consumer may exercise that right at that time ;. With that, 12 CFR 1016.1 also requires that the financial institution Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. Capital One Financial Corporation did not provide an adequate or reasonable opt out notice to me to opt out of nonpublic personal information pertaining to my transactions and credit utilization to non affiliated third parties. I am exercising my right to opt out of any nonpublic personal information Capital One Financial Corporation is disclosing to nonaffiliated third parties pertaining to transaction details of monthly payments, effective immediately and back dating to XX/XX/XXXX. There will be an opt out letter attached in supporting documents. 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 Financial Corporation never informed me of my right to exercise my nondisclosure option. In addition, 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 transaction information and credit utilization is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 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. Code 1681 e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishings of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Not only have these listed agencies violated the Fair Credit Reporting Act, but also the Privacy Act of XXXX 5 USC 552a, and the Gramm Leach Bliley Act as these grievances fall under these Acts as well.