Consumer complaint received 2024-03-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: CAPITAL ONE FINANCIAL CORPORATION (GA)

I am writing to formal dispute to CAPITAL ONE handling of my personal information and their non-compliance with federal laws, asserting my rights as a federally protected consumer under the Privacy Act of XXXX and the Fair Credit Reporting Act ( FCRA ). I request the account in question to be promptly updated to reflect a " Paid as Agreed '' status, with no late payments listed, nor charge off status. It is imperative to clarify that entities such as XXXX, XXXX, and XXXX are non-affiliates of CAPITAL ONE and do not qualify as recognized " bureaus '' under federal law. 

Exercising my privacy rights, I hereby revoke all authorizations, whether written, non-written, verbal, or nonverbal, in accordance with 5 U.S. Code 552a. This action asserts my control over the disclosure of personal information, encompassing authorizations granted through various means, such as written consent, verbal agreements, or non-written and nonverbal actions. In accordance with 15 U.S. Code 6802, I am opting out of all authorizations provided to CAPITAL ONE.

o This includes ( 1 ) the prohibition of sharing my creditworthiness information with CAPITAL ONE affiliates for their everyday business purposes ( 2 ), sharing my transactional experience with non-affiliates ( 3 ), refraining from sharing my personal information with CAPITAL ONE affiliates for marketing purposes and ( 4 ), preventing the disclosure of my personal information to CAPITAL ONE non-affiliates for marketing or everyday business purposes. This action is grounded in the FCRA, emphasizing my rights and protections as a consumer under federal law.

It is crucial to emphasize that any opt-out clauses established by CAPITAL ONE do not supersede the provisions set forth by United States Code ( USC ) or Code of Federal Regulations ( XXXX ). Regardless of CAPITAL ONE internal policies, the rights granted by federal laws take precedence. 

Pursuant to 16 CFR 313.7 and 313.10 ( a ), CAPITAL ONE is mandated to provide a clear and conspicuous opt-out notice to consumers, explaining their right to opt out of the disclosure of non-public personal information to nonaffiliated third parties. This opt-out should explicitly encompass my transactions and experiences, refraining from reporting such details on my credit report. 

According to subsection ( XXXX ), it is mandated that the financial institution complies with a consumer 's opt-out direction as soon as reasonably practicable upon receipt. Furthermore, subsection ( f ) emphasizes that a consumer retains the right to exercise the opt-out at any time. 

Crucially, subsection ( g ) specifies the duration and revocability of a consumer 's opt-out direction. A consumers opt-out direction remains effective until the consumer revokes it in writing or, if agreed upon, electronically. 

Even after the termination of a customer relationship, as stated in subsection ( g ) ( XXXX ), the opt-out direction continues to apply to nonpublic personal information collected during or related to that specific relationship. 

I bring these provisions to your attention to ensure that our communication aligns with the regulatory framework outlined in 16 CFR 313.7.

Moreover, under 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ), CAPITAL ONE is explicitly prohibited from providing inaccurate information about a consumer to any consumer reporting agency. This is particularly pertinent in light of the written dispute submitted on XX/XX/XXXX, contesting the accuracy of a charge-off account. The absence of a response validating the accuracy of the disputed items necessitates a prompt resolution from CAPITAL ONE, including the removal of the charge-off status and an update of the account to " Paid as Agreed. '' Failure to adhere to these federal codes implies a disregard for legal obligations and raises concerns about compliance with established consumer protection laws. 

Furthermore, CAPITAL ONE can not pursue collection on a discharged debt, as it is now recognized as a certificate of indebtedness by the IRS, and income resulting from this can not be reported. According to the IRS, publication XXXX, a charge-off is considered gross or ordinary income, which, according to the IRS, XXXX not warrant reporting on the consumer report. This renders the reporting of this account inaccurate. 

According to the IRS definition, a canceled debt or charge-off is classified as income. The inaccurate reporting of this account as a debt is evident. Notably, I have not received a 1099-C from CAPITAL ONE for the canceled debt, which is required by the IRS for filing as ordinary income. The absence of this crucial documentation is unsatisfactory and raises concerns about compliance with IRS regulations regarding debts exceeding { {$600.00} }.

It is imperative to highlight the responsibility outlined in 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) Duty of Furnishers of Information to Provide Accurate Information. The provision states that a person shall not furnish information to any consumer reporting agency if ( i ) the consumer has notified the person, at the specified address for such notices, that specific information is inaccurate, and ( ii ) the information is, indeed, inaccurate. 

Sincerely and without ill will, vexation, or frivolity, XXXX XXXX XXXX