Consumer complaint received 2024-05-23
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 (MI)

I am a federally protected consumer and HAVE RIGHTS clearly outlined in the Fair Credit Reporting Act, 15 USC 1681 and I am aware of MY RIGHT TO PRIVACY under 15 USC 1681A ( 4 ). 

This is I XXXX XXXX XXXX writing this letter and NOT a third-party agency. PLEASE, DO NOT SEND ME A COMPUTER-GENERATED RESPONSE LETTER, THAT WOULD NOT BE A RESONABLE PROCEDURE AND WOULD CONSTITUTE A WILFULL VIOLATION that could lead to damages up to {$1000.00} implied and MUCH MORE if actual damages occur. 

I received a copy of my credit report from XXXX XXXX XXXX and noticed an account that needs to be immediately UPDATED TO PAID ON TIME. It is as follows : CAP ONE AUTO XXXX CAP ONE AUTO has violated my consumer rights, which is noted below in 15 USC 6802.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, THE LAW CLEARLY STATES : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

A. CAP ONE AUTO DID NOT disclose to me the consumer that the information reported would be disclosed to the third party the consumer reporting agencies. 

B. CAP ONE AUTO DID NOT give me an opportunity to direct such information not be disclosed. 

C. CAP ONE AUTO DID NOT give me, the consumer, an explanation of how I could exercise the non-disclosure option. 

The law basically states if ALL 3 of these disclosures were not provided to me that this is a direct violation of the law and I have the right to exercise OPTING OUT. 

ALL these 3 disclosures were not met, therefore, I am demanding to OPT OUT of having my information reported and demanding the reporting information to BUPDATE TO PAID ON TIME NEVER LATE ON my consumer report OR I MAY seek to take legal action against your agency for willfully violating the law after I've clearly explained to you how you've violated me. A violation of 15 USC 1681n- willful non-compliance is well in play here, {$1000.00} per instance of implied damages and much more for actual damages as clearly outlined within the title.

I am also been damaged emotionally as this erroneous entry on my credit report is leaving my family practically homeless because I am unable to secure a mortgage due to this inaccurate information.

Im ALSO being violated in 15 USC 1666b- Timing of Payments.

THE LAW CLEARLY STATES : ( a ) Time to make Payments A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Show me proof that you are in compliance with this code or UPDATE THIS ACCOUNT TO PAID ON TIME this account IMMEDIATELY. 


XXXX XXXX XXXX has violated my consumer rights AS WELL and violated federal law ; I have proof in 15 USC 1681B ( 2 ) of the Fair Credit Reporting Act, which is noted below, 15 USC 1681B ( 2 ) PERMISSABLE PERPOSE of consumer reports, THE LAW CLEARY STATES : ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

I did NOT give ANY CREDIT REPORTING AGENCY written authorization or written instructions to report this information. 

They have not only violated the Fair Credit Reporting Act, but your agency has committed aggravated identity theft and I've sustained defamation of character just to name a couple damages should this matter escalate to court. 

Because both your agency and XXXX have conspired against me collectively, you have both violated my rights under 18 USC 241 which is noted below.

18 U.S. Code 241 - Conspiracy against rights, THE LAW CLEARLY STATES : If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same ; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured They shall be fined under this title or imprisoned not more than ten years, or both ; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, XXXX XXXX XXXX  or an attempt to commit XXXX XXXX XXXX, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death. 

You have 14 days to respond to upon receipt of this letter to let XXXX XXXX XXXX to UPDATE XXXX PAID ON TIME the referenced items and send me a new letter notifying me that the information has been UPDATED from all consumer reporting agencies and also mail me a new copy of my report or I will be seeking legal action against your agency for these damages.