Consumer complaint received 2024-01-05
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 (NH)

( Utilization REMOVAL CAPITAL ONE ) Request for Removal of Utilization Information from Consumer Report I am writing to dispute the inclusion of utilization information on my consumer report for the accounts listed below. The utilization information reported is in violation of the Fair Credit Reporting Act ( FCRA ) as outlined in 15 U.S.C. 1681a-2 ( a ) ( 1 ). Congress explicitly states that the reporting of transactions or experiences between the consumer and the reporting entity is not to be included in consumer reports. 

The utilization information reported in connection with the above accounts is considered an experience, falling within the scope of the transactions or experiences that Congress has excluded from consumer reports. As per the FCRA, you are required to update my utilization to 5 % or below within 10 calendar days or delete the utilization information from the accounts mentioned. 

( Late payment REMOVAL CAPITAL ONE ) I am writing to dispute certain information regarding late payments on my consumer report. Pursuant to the Fair Credit Reporting Act ( FCRA ), I demand an immediate investigation and removal of these inaccurately reported late payments associated with my account. 

The late payments in question violate the FCRA, particularly Section 611, which mandates the maximum possible accuracy of information in a consumer 's file. These inaccuracies also constitute a violation of my rights under the FCRA, which explicitly requires that information reported to credit bureaus must be accurate, verifiable, and reported with the consumer 's permission. 

Moreover, I draw your attention to 603 ( 2 ) of the FCRA, which excludes from the definition of " consumer report '' any report containing information solely as to transactions or experiences between the consumer and the person making the report. A late payment is considered a transaction or experience, falling under this exclusion, as defined by 15 U.S.C. 1681a. 

The late payment information reported in connection with the above accounts is considered an experience, falling within the scope of the transactions or experiences that Congress has excluded from consumer reports. As per the FCRA, you are required to delete the late payments information from the accounts mentioned. 

Section 604 ( a ) ( 3 ) of the FCRA further stipulates that credit reporting agencies may only furnish consumer reports for legitimate purposes, such as credit transactions, employment purposes, or insurance underwriting. I am not aware of any legitimate purpose for reporting these late payments, and I affirm that I did not authorize the reporting of such information to your agency by CAPITAL ONE. 

Additionally, I bring to your attention the specific provisions in 15 U.S. Code 1666b, which mandates that creditors may not treat a payment on a credit card account as late unless reasonable procedures ensure the delivery of each periodic statement, including required information, to the consumer at least 21 days before the payment due date. 
Your prompt attention to this matter is imperative. 

In accordance with Section 607 of the FCRA, I demand a thorough investigation into these disputed late payments. I expect written confirmation of the investigation 's completion and details of any actions taken to rectify this matter within 10 calendar days. 

Failure to respond satisfactorily within the stipulated timeframe will leave me with no option but to take legal action against CAPITAL ONE. I will seek damages of {$1000.00} per violation, including but not limited to defamation of character, negligent noncompliance, civil liability, mental anguish, and the FCRA 15 U.S.C. 1681 for violations under willful noncompliance ( Section 616 Civil Liability for Willful Noncompliance 15 USC 1681n ).