Consumer complaint received 2024-03-29
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 (IL)

I am writing to file a complaint against XXXX, a consumer reporting agency, regarding recent notices an emails I received that indicate violations of laws and inaccurate reporting on my consumer report. I believe that XXXX has failed to comply with several legal provisions and has published unverified and inaccurate information, which has caused significant harm to my privacy and financial well-being. I request your intervention and assistance in resolving this matter. 

The notice I received from XXXX pertains to three charge off accounts and an inquiry that are being reported on my consumer report. According to the notice, these charge off accounts have been classified as taxable income, and I have been issued an IRS Form 1099-C. XXXX XXXX implication that I committed fraud or failed to report canceled debt under 26 USC 6050P is entirely inaccurate and misleading. 

Additionally, the Compilations of the Social Security Laws P.L. 90321, Approved XX/XX/1968 ( XXXX XXXX. XXXX ) under the Consumer Credit Protection Act Experian may furnish my consumer report under the following circumstances and no other only in response. ( 4 ) In response to a request by the head of a State or local child support enforcement agency. 

I have provided XXXX with documentation of ongoing litigation pertaining to accounts XXXX and XXXX, which clearly demonstrates the inaccuracy of the reported information. The creditors have failed to update the accounts to reflect the ongoing dispute and litigation, thereby neglecting their obligation to accurately report the validity of the debt and the pending litigation. Despite my previous request to opt out of reporting on my consumer report, these accounts continue to be listed. 

Furthermore, I have explicitly stated in my notice that account XXXX is a business entity entirely separate from my individual consumer account. I have previously opted out of reporting any business debts on my individual report, yet XXXX has failed to honor this request and continues to include this account in my report. This publication of my nonpublic personal information, despite my opt-out request under GLBA Title V Privacy Rules and FCRA 1681b ( e ), has severely compromised my privacy, contrary to the promised confidentiality. 

I would also like to highlight XXXX 's noncompliance with creditor notice requirements regarding charge-offs and late payments, as mandated by TILA 15 U.S Code 1637 ( b ), FCRA 15 USC 1681g ( a ) ( 1 ), and FDCPA USC 1692g . The lack of proper notice has deprived me of my dispute rights and has enabled XXXX to publish unverified and inaccurate information. 

In addition, I have provided XXXX with IRS Publication 4681 and 26 Section CFR 1.6050P.1 and 6050P.2, which clearly establish that a Form 1099-C must be filed and provided to the consumer by any entity seeking to declare a debt forgiven in order to avoid income inclusion. XXXX has failed to provide me with any such forms, further indicating their noncompliance with legal requirements. 

Furthermore, I would like to bring to your attention that the inquiry listed on my consumer report does not correspond to any open accounts of mine. As per FCRA Section 605 ( a ), such inquiries that have no relationship to any account holder should be suppressed from my reports. 

Lastly, I want to emphasize that all the accounts in dispute with the Consumer Reporting Agency are currently under dispute and litigation with the creditors, clearly establishing a billing error. Pursuant to 15 USC 1666a, no creditor is allowed to take any adverse action against me or my account while a billing error is unresolved. Therefore, there should not be any adverse action reflected on my consumer report. Additionally, 15 USC 1666b states that payment credit card accounts under an open end consumer credit plan can not be treated as late for any purpose. An open end credit plan is defined as having four installments or more. I have provided XXXX with all the necessary documentation, including court documents, relevant laws, and IRS publications, to demonstrate my good faith effort and due diligence in resolving these matters. However, XXXX 's investigation yielded inaccurate information, disregarded my documentation, and provided a dismissive three-paragraph email response. This clearly indicates XXXX 's willful intent to report inaccurate information for their benefit and that of the furnishers. 

In light of the aforementioned violations and inaccuracies, as well as the resulting harm to my privacy and financial standing, I kindly request that the Consumer Financial Protection Bureau investigate this matter thoroughly and take appropriate action against XXXX. I also urge you to ensure that XXXX rectifies the inaccuracies on my consumer report, removes the disputed accounts and inquiry, and upholds their legal obligations in accordance with the relevant statutes and regulations. 

Enclosed with this complaint, please find copies of all relevant documents, including the notices from XXXX and documentation of ongoing litigation.