Consumer complaint received 2024-04-04
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: CAPITAL ONE FINANCIAL CORPORATION (TN)

In regards to cfpb Complaint # XXXX that was recently filed didn't give me clarity on if my account is charged off. They say my account is in cease and desist but keep updating my account and the account says charged off ( see attached ). Capital One is violating my rights as a consumer am writing to formally dispute the charged off account listed on my credit report by Capital One. The account ending in XXXX & XXXX is being inaccurately reported as income, which directly contradicts Publication 4681 ( 2023 ) regarding Canceled Debts, Foreclosures, Repossessions, and Abandonments. 
It is imperative to highlight that charged off accounts are considered as income, and as such, should not be reported as such on credit reports. My filing of Form 1099-C ( see attached ) for this debt, which is a requirement by the Internal Revenue Service for the creditor to report the canceled debt to the IRS, does not equate to the debt being classified as income for the purposes of credit reporting. 

This misreporting not only misrepresents my financial situation but also violates the Fair Debt Collection Practices Act ( FDCPA ). Specifically, it contravenes 15 USC 1692e, which prohibits debt collectors from using false or misleading representations in debt collection, and 15 USC 1692f, which prohibits unfair or unconscionable means to collect debts.

Moreover, under 15 USC 1692g of the FDCPA, consumers have the right to dispute the accuracy of any information reported on their credit reports. I am exercising this right by disputing the misrepresentation of the charged off account as income. 
I kindly request a thorough investigation into this matter and the immediate removal of the inaccurate reporting of the charged off account from my credit report which is XXXX and XXXX. Failure to rectify this error will compel me to take further action to uphold my rights under the FDCPA and other relevant regulationsUnder 16 CFR 1102.26 - Determination of materially inaccurate information.Any person or entity reviewing a report of harm or manufacturer comment, either before or after publication in the Database, may request that the report of harm or manufacturer comment, or portions of such report of harm or manufacturer comment, be excluded from the Database. Therefore I found several violations that are reporting inaccurately.Therefore I found several violations that are reporting inaccurately. Also under 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. As the dates that the dates are inaccurate and doesn't match Database. THEREFORE I FOUND SEVERAL INACCURACIES TO MY CREDIT REPORT