Consumer complaint received 2024-03-06
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 (HI)

Dear Sir or Madam : I, XXXX XXXX XXXX, a federally protected consumer, wrote this complaint regarding the enclosed referenced CAPITAL ONE account that XXXX, XXXX and XXXX have misconstrued and misreported, and which are causing damage to my credit rating. ( Enclosure ) Its inclusion is absolutely incorrect, and is an absolute violation of the Fair Credit Reporting Act ( 15 U.S.C. 1681-1681x ). I have put XXXX XXXX and XXXX on notice that failure to clear this inaccurate information from my reports will result in legal action and complaint to the Consumer Financial Protection Bureau under 15 U.S.C. 1681n. Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by me the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by me the consumer as a result of the failure, or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney 's fees as determined by the court. ( b ) Civil liability for knowing noncompliance. Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to me the consumer, the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorney 's fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( Pub. L. 90321, title VI, 616, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1134 ; amended Pub. L. 104208, div. A, title II, 2412 ( a ) ( c ), ( e ) ( 1 ), Sept. 30, 1996, 110 Stat. 3009446. ) Amendments 1996- Subsec. ( a ). Pub. L. 104208, 2412 ( a ), designated existing provisions as subsec. ( a ), inserted heading, and in introductory provisions substituted " Any person who '' for " Any consumer reporting agency or user of information which ''. Subsec. ( a ) ( 1 ). Pub. L. 104208, 2412 ( b ), amended par. ( 1 ) generally. Prior to amendment, par. ( 1 ) read as follows : " any actual damages sustained by XXXX XXXX, the consumer as a result of the failure ; ''. Subsec. ( b ). Pub. L. 104208, 2412 ( c ), added subsec. ( b ). Subsec. ( c ). Pub. L. 104208, 2412 ( e ) ( 1 ), added subsec. ( c ). ( Emphasis Added ) I, XXXX XXXX the Consumer have suffered damage to my credit that has led to very negative financial consequences as a direct consequence of this false information sharing. I am a farmer who has been forced, because of the bad acts of XXXX, XXXX and XXXX, to take time away from his bread and butter to set them straight. Because of the false information reporting by XXXX, XXXX and XXXX I have been restricted from securing financing for my farming business and for my personal needs. The bad deeds by XXXX, XXXX and XXXX have caused him substantial financial and emotional harm. XXXX, XXXX and XXXX have been placed on notice that I, XXXX XXXX the consumer, have initiated reports to the appropriate Federal oversight agencies regarding this matter.

Moreover, the CAPITAL ONE errant report also violates 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. I have not given CAPITAL ONE permission to disclose any nonpublic personal information. In addition, I believe that CAPITAL ONE is committing fraud. The information on my XXXX, XXXX and XXXX consumer credit report shows a section labeled Payment history and clearly shows that nonpublic personal information has been disclosed to a nonaffiliated third party on a monthly basis starting from XX/XX/XXXX through XX/XX/XXXX which is at least XXXX times total thus far. This is XXXX XXXX  evidence of consumer rights violation and fraud under 15 U.S Code 1681 permissible purposes of consumer reports.