Consumer complaint received 2024-12-30 00:00:00
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
State: NY

Complaint narrative:
I looked at my report back on XX/XX/XXXX and noticed many inaccuracies and violations. My rights have been violated under the Privacy Act of 1974 which states in short that Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. In accordance to the Fair Credit Reporting Act 15 USC 1681 section 602 a " There is a need to ensure that consumer reporting agencies exercise their great responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  and XXXX XXXX XXXX  are financial institutions by definition under that title. 15 USC 1681 section 604 ( a ) ( 2 ) states that, In general, Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. XXXX XXXX  XXXX, CAPITAL ONE BANK USA and XXXX XXXX XXXX  the financial institutions and the Consumer reporting agencies XXXX, XXXX and XXXX, DO NOT have my consent to furnish this information and they surely DO NOT have my written consent. Any and all consent to XXXX, XXXX, XXXX, XXXX XXXX  XXXX, CAPITAL ONE BANK USA and XXXX XXXX XXXX, whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX XXXX XXXXXXXX, CAPITAL ONE BANK USA and XXXX XXXX XXXX  Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information, any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. These accounts contain adverse items they are reporting without my permission which is against the law. 15 USC 1681s 2 ( A ) ( 1 ) A, states 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. 15 USC 1681e, states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. 15 USC 1666b states that, A creditor may not treat a payment on a credit card account under an open end Consumer Credit plan as late for any purpose. Also, 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Please Note : 15 USC 1681n ( a ) Civil liability for willful noncompliance states that In general, Any person who willfully fails to comply with any requirement imposed under this title 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 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 the consumer as a result of the failure or {$1000.00}, whichever is greater. 15 U.S. Code 6805a Enforcement states that, In general, Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. A charge off is considered a certificate of indebtedness, so therefore, a certificate of indebtedness is considered income per the IRS and income can not be reported. The IRS clearly defines a charge off as gross or ordinary income, income does not get reported on the consumer report per IRS Publication 4681. Also, Pursuant to 15 USC 1681a, ( 2 ) Exclusions : ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; REPORTING TRANSACTION HISTORY IS ILLEGAL. Remedy wanted : Delete all violations that fall under the laws stated in this complaint and update these accounts to PAYED AS AGREED as you are in direct violation of many laws under The Fair Credit Reporting Act. I am also entitled to compensation per 15 USC 1681n ( a ) Civil liability for willful noncompliance ; for emotional suffering and embarrassment trying to obtain credit. Please send payment Via Check to XXXX XXXX XXXX at XXXX XXXX XXXX XXXX XXXX XXXX New York XXXX XXXX Thank You.

Company response to consumer: Closed with explanation