Consumer complaint received 2025-04-25 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
Federal Trade Commission XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX DC XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX  XXXX DC XXXX Re : Case # XXXX Capital One Accounts Ending XXXX and XXXX Dear Sir or Madam, I am writing in response to Capital Ones denial letter dated XX/XX/year> ( Case # XXXX ), which refused to update the credit reporting on accounts ending in XXXX and XXXX. I enrolled both accounts in Capital Ones Build A Plan ( BAP ) program and made all agreed payments under that plan. Capital Ones own BAP terms explicitly state that if you complete this plans payments, this account will reflect a current status. Having satisfied the payment obligations, continuing to report these accounts as delinquent contradicts the programs terms and violates the FCRAs requirement to furnish only accurate information Furthermore, the BAP accommodation qualifies as relief under the CARES Act. Federal guidance on FCRA Section 623 ( as amended by the CARES Act ) makes clear that a creditor must report an account as current if the credit obligation or account was delinquent before the accommodation and the consumer brings the credit obligation or account current. By fulfilling the BAP requirements, I effectively restored these accounts to current status, and Capital One was thus obliged to report them as current. Instead, Capital One continued to list them as delinquent through the BAP period, contrary to the CARES Acts consumer protections.

Under the FCRAs furnisher rules, Capital One had a strict duty to furnish only accurate information to the credit bureaus. Reporting a paid or forgiven debt as delinquent is false. The FCRA requires furnishers to promptly correct or delete any information they determine is incomplete or inaccurate. Since I completed the BAP payments, Capital One should have updated the accounts to current or paid status. It failed to do so, meaning the information supplied to credit reporting agencies was incorrect and must be corrected.

I have also filed an FTC Identity Theft report concerning these accounts. Under FCRA 623 ( a ) ( 6 ), once an account is identified by the consumer as resulting from identity theft, the furnisher may not furnish information that a consumer has identified as resulting from identity theft unless the consumer later confirms its accuracy. Furthermore, if the furnisher learns any information was inaccurate due to identity theft, it must notify each CRA of the correct information and report only complete and accurate information. The inconsistent addresses on file are themselves a clear red flag of identity theft. For example, these accounts show addresses where I have never lived. Capital Ones failure to address these discrepancies or the identity theft notice suggests it did not fulfill its obligations in this regard.

Capital One also failed to conduct a proper dispute investigation as required by law. Upon receiving my dispute, FCRA 623 ( b ) mandated that Capital One conduct a reasonable investigation and report the results to the credit bureaus within 30 days. The furnisher must then promptly modify or delete any information found to be incorrect. I provided documentation of my BAP enrollment and on-time payments with my dispute letters. However, Capital Ones denial merely asserted the reporting was accurate without identifying any actual error. This suggests Capital One did not perform a thorough investigation.

Given these violations, I respectfully request that the FTC and CFPB direct Capital One ( and the credit bureaus ) to reinvestigate and correct my credit files. The derogatory entries for accounts XXXX and XXXX should be removed or updated to reflect that the balances were brought current/forgiven under the BAP program . I have enclosed all supporting documentation, including proof of BAP enrollment and payments, prior correspondence ( including Capital Ones XX/XX/year> denial letter ), credit report excerpts, and the FTC identity theft report. Thank you for your prompt attention to this matter.

Company response to consumer: Closed with explanation