Consumer complaint received 2024-02-01
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 (FL)

Under Section 602 ( a ) of the Fair Credit Reporting Act ( 15 USC 1681 ), consumer reporting agencies such as XXXX and XXXX are obligated to conduct their operations with fairness, impartiality, and respect for consumer privacy rights. Similarly, Section 6801 mandates financial institutions like CAPITAL ONE USA to safeguard the confidentiality of nonpublic personal information and uphold customer privacy. 
As a consumer, I assert my right to ensure the confidentiality of my private information, as outlined in Section 6801. According to 15 USC 1681, specifically Section 604 ( a ) ( 2 ), consumer reporting agencies may only furnish a consumer report with explicit written consent from the consumer. Neither XXXX, XXXX, nor CAPITAL ONE USA have obtained my consent, whether explicit or implied, to furnish my information. 
Moreover, 15 USC 6802 ( b ) ( c ) stipulates that financial institutions can not disclose nonpublic personal information to nonaffiliated third parties without providing consumers with an explanation of how to prevent such disclosure. CAPITAL ONE USA failed to inform me of my right to prevent such disclosure. 
Furthermore, 15 USC 1681C ( a ) ( 5 ) prohibits consumer reporting agencies from including certain adverse information in consumer reports without authorization. This includes information that antedates the report by more than seven years. The inclusion of this adverse item without my permission violates the law. 
Additionally, 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) prohibits furnishing inaccurate information to consumer reporting agencies, while 15 U.S. Code 1681e mandates consumer reporting agencies to maintain reasonable procedures to ensure compliance with reporting limitations. XXXX and XXXX are not fulfilling these obligations. 
Finally, 12 CFR 1016.7 grants consumers the right to opt out of certain agreements at any time. I hereby exercise my right to opt out of any agreements with CAPITAL ONE USA. 
The Privacy Act of 1974, while primarily applicable to federal agencies, sets forth several key principles that align with concerns regarding the protection of personal information : Notice Requirement : Federal agencies must provide notice to individuals regarding the collection of their personal information. Similarly, private entities like Capital One USA may provide notice to customers about their information practices through privacy policies. 
Access and Amendment : Individuals have the right to access and request corrections to their personal information held by federal agencies under the Privacy Act. Similarly, consumer reporting agencies like XXXX and XXXX must comply with similar provisions under the Fair Credit Reporting Act ( FCRA ), allowing consumers to dispute and correct inaccurate information in their credit reports. 
Prohibition on Disclosure : The Privacy Act restricts federal agencies from disclosing personal information without the consent of the individual, except in certain authorized circumstances. Similarly, the FCRA and other laws impose restrictions on the disclosure of consumer information by private entities like XXXX and XXXX, requiring explicit consent or permissible purposes for such disclosures. 
Accuracy and Integrity : Federal agencies must ensure the accuracy, relevance, timeliness, and completeness of personal information under the Privacy Act. Similarly, the FCRA mandates accuracy and fairness in the information maintained and reported by consumer reporting agencies like XXXX and XXXX, allowing consumers to dispute inaccuracies. 
Enforcement and Remedies : The Privacy Act provides individuals with the right to seek judicial remedies for violations of their privacy rights, including damages and injunctive relief. Similarly, the FCRA provides avenues for consumers to seek remedies for violations, including statutory damages and attorney fees, in cases of non-compliance by consumer reporting agencies and financial institutions.