Consumer complaint received 2024-01-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION (MI)

XXXX and Capital One continue to report this account incorrectly. As a protected federal consumer I have the right to validate and verify any information before it is added to my consumer report. XXXX and Capital One did not validate or verify this information with me. My right to opt out of have also been violated. XXXX and Capital One are both financial institutions that are making a profit from the selling and furnishing of my non public information. Capital One knows XXXX is not an affiliate therefore they have no right to have my private financial history. I would like XXXX and Capital One to provide me with any documentation that proves I have consented to my information being released. 
( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. 

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.

( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.

( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.

( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).

( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).

( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.

( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

( B ) Extension of period to reinvestigate Except as provided in subparagraph ( C ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

( C ) Limitations on extension of period to reinvestigate Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information can not be verified.

( 2 ) Prompt notice of dispute to furnisher of information ( A ) In general Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller.

( B ) Provision of other information The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph ( A ) and before the end of the period referred to in paragraph ( 1 ) ( A ).

( 3 ) Determination that dispute is frivolous or irrelevant ( A ) In general Notwithstanding paragraph ( 1 ), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably determines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

( B ) Notice of determination Upon making any determination in accordance with subparagraph ( A ) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

( C ) Contents of notice A notice under subparagraph ( B ) shall include ( i ) the reasons for the determination under subparagraph ( A ) ; and ( ii ) identification of any information required to investigate the disputed information, which may consist of a standardized form describing the general nature of such information.

( 4 ) Consideration of consumer information In conducting any reinvestigation under paragraph ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph ( 1 ) ( A ) with respect to such disputed information.

( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

( B ) Requirements relating to reinsertion of previously deleted material ( i ) Certification of accuracy of information If any information is deleted from a consumers file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate.

( ii ) Notice to consumer If any information that has been deleted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

( iii ) Additional information As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information.

( C ) Procedures to prevent reappearance A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumers file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph ( other than information that is reinserted in accordance with subparagraph ( B ) ( i ) ).

( D ) Automated reinvestigation system Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumers file to other such consumer reporting agencies.

( 6 ) Notice of results of reinvestigation ( A ) In general A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the completion of the reinvestigation, by mail or, if authorized by the consumer for that purpose, by other means available to the agency.

( B ) Contents As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the XXXX period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed ; ( ii ) a consumer report that is based upon the consumers file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; ( iv ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the information ; and ( v ) a notice that the consumer has the right to request under subsection ( d ) that the consumer reporting agency furnish notifications under that subsection.

( 7 ) Description of reinvestigation procedure A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

( 8 ) Expedited dispute resolution If a dispute regarding an item of information in a consumers file at a consumer reporting agency is resolved in accordance with paragraph ( 5 ) ( A ) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph ( 1 ) ( A ), then the agency shall not be required to comply with paragraphs ( 2 ), ( 6 ), and ( 7 ) with respect to that dispute if the agency ( A ) provides prompt notice of the deletion to the consumer by telephone ; ( B ) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph ( C ), a statement of the consumers right to request under subsection ( d ) that the agency furnish notifications under that subsection ; and ( C ) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumers file after the deletion, not later than 5 business days after making the deletion.

( b ) Statement of dispute If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute.

( c ) Notification of consumer dispute in subsequent consumer reports Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumers statement or a clear and accurate codification or summary thereof.

( d ) Notification of deletion of disputed information Following any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified or any notation as to disputed information, the consumer reporting agency shall, at the request of the consumer, furnish notification that the item has been deleted or the statement, codification or summary pursuant to subsection ( b ) or ( c ) to any person specifically designated by the consumer who has within two years prior thereto received a consumer report for employment purposes, or within six months prior thereto received a consumer report for any other purpose, which contained the deleted or disputed information.

( e ) Treatment of complaints and report to Congress ( 1 ) In general The Commission [ 1 ] shall ( A ) compile all complaints that it receives that a file of a consumer that is maintained by a consumer reporting agency described in section 1681a ( p ) of this title contains incomplete or inaccurate information, with respect to which, the consumer appears to have disputed the completeness or accuracy with the consumer reporting agency or otherwise utilized the procedures provided by subsection ( a ) ; and ( B ) transmit each such complaint to each consumer reporting agency involved.

( 2 ) Exclusion Complaints received or obtained by the Bureau pursuant to its investigative authority under the Consumer Financial Protection Act of 2010 shall not be subject to paragraph ( 1 ).

( 3 ) Agency responsibilities Each consumer reporting agency described in section 1681a ( p ) of this title that receives a complaint transmitted by the Bureau pursuant to paragraph ( 1 ) shall ( A ) review each such complaint to determine whether all legal obligations imposed on the consumer reporting agency under this subchapter ( including any obligation imposed by an applicable court or administrative order ) have been met with respect to the subject matter of the complaint ; ( B ) provide reports on a regular basis to the Bureau regarding the determinations of and actions taken by the consumer reporting agency, if any, in connection with its review of such complaints ; and ( C ) maintain, for a reasonable time period, records regarding the disposition of each such complaint that is sufficient to demonstrate compliance with this subsection.
( 4 ) Rulemaking authori

ty The Commission1 may prescribe regulations, as appropriate to implement this subsection. ( 5 ) Annual report The Commission1 shall submit to the Committee on Banking , Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives an annual report regarding
information gathered by the Bureau under this subsection.

( f ) Reinvestigation requirement applicable to resellers ( 1 ) Exemption from general reinvestigation requirement Except as provided in paragraph ( 2 ), a reseller shall be exempt from the requirements of this section.

( 2 ) Action required upon receiving notice of a dispute If a reseller receives a notice from a consumer of a dispute concerning the completeness or accuracy of any item of information contained in a consumer report on such consumer produced by the reseller, the reseller shall, within 5 business days of receiving the notice, and free of charge ( A ) determine whether the item of information is incomplete or inaccurate as a result of an act or omission of the reseller; and ( B ) if ( i ) the reseller determines that the item of information is incomplete or inaccurate as a result of an act or omission of the reseller, not later than 20 days after receiving the notice, correct the information in the consumer report or delete it; or ( ii ) if the reseller determines that the item of information is not incomplete or inaccurate as a result of an act or omission of the reseller, convey the notice of the dispute, together with all relevant information provided by the consumer, to each consumer reporting agency that provided the reseller with the information that is the subject of the dispute, using an address or a notification mechanism specified by the consumer reporting agency for such notices.

( 3 ) Responsibility of consumer reporting agency to notify consumer through reseller Upon the completion of a reinvestigation under this section of a dispute concerning the completeness or accuracy of any information in the file of a consumer by a consumer reporting agency that received notice of the dispute from a reseller under paragraph ( 2 ) ( A ) the notice by the consumer reporting agency under paragraph ( 6 ), ( 7 ), or ( 8 ) of subsection ( a ) shall be provided to the reseller in lieu of the consumer ; and ( B ) the reseller shall immediately reconvey such notice to the consumer, including any notice of a deletion by telephone in the manner required under paragraph ( 8 ) ( A ).

( 4 ) Reseller reinvestigations No provision of this subsection shall be construed as prohibiting a reseller from conducting a reinvestigation of a consumer dispute directly.

( g ) Dispute process for veterans medical debt ( 1 ) In general With respect to a veterans medical debt, the veteran may submit a notice described in paragraph ( 2 ), proof of liability of the Department of Veterans Affairs for payment of that debt, or documentation that the Department of Veterans Affairs is in the process of making payment for authorized hospital care, medical services, or extended care services rendered to a consumer reporting agency or a reseller to dispute the inclusion of that debt on a consumer report of the veteran.

( 2 ) Notification to veteran The Department of Veterans Affairs shall submit to a veteran a notice that the Department of Veterans Affairs has assumed liability for part or all of a veterans medical debt.

( 3 ) Deletion of information from file If a consumer reporting agency receives notice, proof of liability, or documentation under paragraph ( 1 ), the consumer reporting agency shall delete all information relating to the veterans medical debt from the file of the veteran and notify the furnisher and the veteran of that deletion.