Consumer complaint received 2024-01-13
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 (FL)

I'm just gon na start this off by saying these people are so annoying. I wrote a letter to capital one to inform them that I am opting out and revoking all previous permission that I may have given them in terms of sharing my nonpublic personal information to any non-affiliate. Capital one knows that they are not affiliated with XXXX XXXX XXXX and XXXX and that it does not fall under any exemption that is either in 12 CFR 1016 or 15 USC 6802 of course they always have some stupid excuse as to why they can't do something or you can't speak to a representative who has a little bit more power to get anything done so I'm making this notice available to the CFPB to demand remedy. Capital one received an opt out notice from me about a month ago dated XX/XX/. The opt out notice stated that I was revoking any verbal or nonverbal permission that I gave them to share my nonpublic personal information with any non-affiliate indefinitely. Capital one finally called me on Monday, XXXX XXXX XXXX XXXX XXXX to tell me that they can't do anything as it pertains to sharing my nonpublic personal information with non-affiliates such as XXXX, XXXX XXXX and XXXX who by the way do not fall under the exemptions for who Capital one can share non-public personal information with. This is irritating because Capital one along with these other creditors never follow the rules but the consumers are always supposed to follow the rules. in addition they did not give any notice on how to opt out of sharing my nonpublic personal information with non- affiliates which is also against the law. I am demanding that Capital one rectify the situation by removing my non-public personal information and stop sharing my non-public personal information who is non-affiliates who do not have an exemption under 12 CFR 1016 and 15 USC 6802 such as XXXX XXXX XXXX XXXX XXXX. If anyone is confused about what non-public personal information is here is the formal definition of the term as provided by both 12 CFR 1016 and 15 USC 6802.

12 CFR 1016 : Nonpublic personal information means : ( i ) Personally identifiable financial information; and ( ii ) Any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any personally identifiable financial information that is not publicly available.

15 USC 6802 : Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. 

This makes the whole transaction nonpublic personal information as the transaction itself is private.