Consumer complaint received 2024-04-11
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 (NJ)

I am writing to you as according to 15 U.S. Code 6805 Enforcement, ( a ) In general, Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.

As per the Fair Credit Reporting Act ( 15 USC 1681 section 602a ), it is emphasized that consumer reporting agencies must conduct their duties with fairness, impartiality, and a regard for the privacy rights of consumers. XXXX, XXXX, and XXXX operate as consumer reporting agencies, while I, as the consumer, retain the right to safeguard my private information, as stipulated by 15 USC 6801. This regulation underscores the Congressional policy, mandating that each financial institution bears a continuous responsibility to honor the privacy of its customers and uphold the security and confidentiality of their nonpublic personal information. 
XXXX XXXX, Capital One, and XXXX  XXXX XXXX, as defined under that title, qualify as a financial institutions. According to 15 USC 1681 section 604a, subsection 2, it is stipulated 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. '' Neither the banks, XXXX XXXX, Capital One, and XXXX  XXXX XXXX, nor the consumer reporting agencies, XXXX, XXXX, and XXXX, have obtained my consent to furnish this information, particularly lacking my written consent. Any form of consent, be it verbal, non-verbal, written, implied, or otherwise, given to XXXX, XXXX, XXXX, XXXX XXXX, Capital One, and XXXX  XXXX XXXX is hereby revoked. 
Moreover, 15 USC 6802 ( b ) ( c ) specifies that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX, Capital One, and XXXX  XXXX XXXX failed to inform me of my right to exercise my nondisclosure option. Additionally, as per 15 USC 1681C ( a ) ( 5 ), it is stated that " 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 account constitutes an adverse item being reported again without my permission, which is a violation of the law.

Moreover, according to 15 U.S. Code 1681s2 ( A ) ( 1 ) A, it is prohibited for a person to 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. Additionally, 15 U.S. Code 1681e mandates that every consumer reporting agency must maintain reasonable procedures to avoid violations of section 1681c and limit the furnishing of consumer reports to the purposes listed under section 1681b. XXXX, XXXX, and XXXX are evidently not upholding reasonable procedures in this regard. 
As the CFPB has the responsibility to protect consumer rights, additional grievances are as follows : 1. The Privacy Act of 1974 ( 5 U.S. Code 552a ) defines record as any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. It defines Conditions of Disclosure as no agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Additionally, Part 1016- Privacy of Consumer Financial Information ( Regulation P ), 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods, section ( a ) states, under ( 1 ) form of opt out notice, that if company is required to provide an opt out notice under 1016.10 ( a ), they must provide a clear and conspicuous notice to each of their consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That company discloses or reserve the right to disclose nonpublic personal information about consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. My federally protected consumer rights to privacy and confidentiality, in addition to the right of OPTING OUT, have been violated by XXXX, XXXX, and XXXX. Specifically for the following accounts : I have OPTED OUT of, including the following from the attached Credit Report : a. XXXX : Account XXXX, Page XXXX, Account XXXX, page XXXX : a. KOHLS/CAPONE : Account XXXX, page XXXX, XXXX XXXX : Account XXXX, Page XXXX, Account XXXX, page XXXX : XXXX KOHLS/CAPONE : Account XXXX, page XXXX, XXXX CAPITAL ONE : Account XXXX, page XXXX : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX