Consumer complaint received 2023-12-29
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 (AL)

The Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. Being the consumer, I have the right and responsibility to ensure my private information is not shared without my consent which is supported 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, XXXX XXXX XXXX XXXX  XXXX ) XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX and XXXX XXXX are financial institutions by definition under that title. 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 '' ; The financial institutions Capital One, XXXX XXXX XXXX  ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX  XXXX and XXXX XXXX  and the Consumer reporting agencies namely XXXX, XXXX and XXXX DO NOT have neither my consent or my written consent to furnish this information. Any and all consent to XXXX, XXXX, XXXX, Capital One, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is hereby revoked. 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. '' The financial institutions listed never informed me of my right to exercise my nondisclosure option. Not only was I never informed of my rights, 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. '' These accounts are adverse items these financial institutions are reporting, again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) 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 1681e " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. 
XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. I would like to take this opportunity to state my right, '' I AM OPTING OUT OF YOUR REPORTING SERVICES. Capital One, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, and XXXX have all knowingly and willfully violated my rights by reporting, sharing and improperly using my credit information without my consent. I have sustained damages as a result of their failure to follow the law and Fair Reporting Credit Act.