Consumer complaint received 2024-02-09
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 (PA)

I have the right to make sure my private information isn't shared which is signed into the law, 15 USC 6801 - 6805, 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, is in violation of multiple laws set forth by Congress in regards to the following account # XXXX. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( Capital One ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( Capital One ) shall not furnish any information relating to a consumer ( myself ) to any consumer reporting agency ( XXXX, XXXX, and XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate.

Additionally, Capital can not collect on a discharged debt. This is now considered a certificate of indebtedness according to the IRS and income can not be reported on a consumer report. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate. By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from Capital One for the cancelled debt in order to file as ordinary income. Capital One is apparently writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than XXXX Capital One has received many notices from me about Capital One furnishing incorrect and inaccurate information. In Capital Ones terms and conditions, they agreed not to share my information with non-affiliates. XXXX, XXXX, and XXXX are not affiliates of Capital One nor are they " bureaus ''. The only true lawful credit bureau is the CFPB, and the Consumer Financial Protection Bureau ( CFPB ) DOES NOT furnish consumer reports as stated in federal law. I have a right to privacy and according to the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization that I the consumer may have given you, written, non-written, verbal, and nonverbal per 5 U.S. Code 552a. According to the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non-written, verbal, and nonverbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if : ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate.

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 Never informed me of my right to exercise my nondisclosure option. 15 U.S. Code 1681s2 ( 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. '' To be more specific person means ''The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity '' This includes XXXX XXXX XXXX and XXXX, all of which I have made many complaints against explaining why the information should not be reported which they ignore. 

Also 16 CFR 313.7 ( f ) under the authority of 15 U.S.C. 6801 et seq., 12 U.S.C. 5519 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services for account XXXX. Please stop ignoring the fact that you or any agency can not furnish this information without my consent, and you do not have it. Capital One agreed to follow federal law not only in their security agreement filed with sec.gov but also in their consumer agreements. I have sent you several notices to opt out of the disclosure of my personal information to third parties and you continue to ignore my request.