Consumer complaint received 2024-02-02
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: CAPITAL ONE FINANCIAL CORPORATION (NY)

Dear CFPB, My name is XXXX XXXX XXXX, and I am submitting this complaint as a demand to remove an inaccurate charge-off account from my consumer report and demand compensation for my time and effort in disputing this inaccurate information. The account is from Capital One bank NA. I gave no form of expressed or implied consent for them to use my name, likeness, or credit data. Additionally, this charge-off account violates the Fair Credit Reporting Act ( FCRA ) 15usc 1681 ( a ) ( 4 ) ( 4 ) There is a need to insure thatconsumerreporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for theconsumers right to privacy. They have reported my private information to the consumer reporting agencies without my consent. I do not have a contract with XXXX, XXXX or XXXX and is a non affiliated XXXX party. The previously XXXX mentioned Consumer reporting agencies started reporting inaccurate date when I turned XXXX. Capital One has deprived and violated my privacy. 
Additionally, they have also deprived my right to privacy by reporting information that is required be excluded pursuant to the ( FCRA ) 15 USC1681a ( d ) ( 2 ) ( A ) ( i ) report containing information solely as to transactions or experiences between theconsumerand thepersonmaking the report.

Furthermore, if this account has been charged-off, under IRS guidelines a 1099C must be issued to whom the debt is cancelled for. The 1099C discharge amount must be filed with federal taxes as income. Note that, according to IRS Publication 4681, " Canceled Debts, Foreclosures, Repossessions, and Abandonments ( for Individuals ), '' the charged-off amount has been reported as canceled debt income. Income is not reported on the consumer report as it is considered private information which Capital One has deprived me off my right to privacy. Given my private information as per Section 607 ( a ) ( 1 ) and ( 2 ) of the FCRA which requires credit reporting agencies like Capital One to ensure that the information they report is accurate, complete and up-to-date Additionally, this violates Section 621 of the FCRA which states that any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} }, as the court may allow. Furthermore, this violates 15 U.S.C 1681 et seq, particularly 15 U.S.C. 1681i and 15 U.S.C 1681j which states that credit reporting agencies must follow reasonable procedures to ensure the maximum possible accuracy of the information concerning the individual about whom the report relates and any person who fails to comply with any requirement imposed under this title shall be liable to the United States for a civil penalty. Furthermore, this collection account was fraudulently bought and sold, which is a violation of the Fair Debt Collection Practices Act.I have requested and demanded that they show proof that we have a contract where both parties agreed that I would pay this alleged debt to them or agree to have my private personal information furnished to the Consumer reporting Agencies. They have not provided said contract or any agreement showing that I owe this alleged debt. I again demand Capital One provides bona fide proof I owe this alleged debt by submitting a affidavit giving first hand personal knowledge & experience of the contract and that I owe this alleged debt, under the penalty of perjury.