Consumer complaint received 2024-04-01 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: TX

Complaint narrative:
15 U.S. Code 1681- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 

15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 
They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act In which I the consumer did not give CAPITAL ONE, XXXX XXXX, OR ANY COLLECTION AGENCY SUCH AS XXXX  XXXX XXXX consent to violate my rights or ANY credit reporting agency such as XXXX, XXXX, OR XXXX ANY written consent to furnish anything to my consumer report written, unwritten, verbal, or non-verbal. 

P.L XXXX ( XXXX XXXX. XXXX ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) where XXXX, XXXX, OR XXXX ( ARE NOT ) State or local government official authorized by the head of such an agency & & if I am wrong provide sufficient evidence that states other wise. 

15 U.S. Code 1681c - Requirements relating to information contained in consumer reports 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. 
No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation I have provided my entire consumer report which has inaccuracies across all XXXX CREDIT CONSUMER AGENCIES, Fraudulent Addresses, Double Accounts one of which does not exist such as XXXX XXXX {$16000.00}, {$10000.00} last updated XXXX XXXX on XXXX, {$5900.00} XXXX XXXX last updated XXXX. XXXX, XXXX on XXXX THAT DOES NOT EXIST, & {$5900.00} XXXX XXXX last updated XXXX XXXX XXXX THAT DOES NOT EXIST! 

I asked for VERIFICATION of accuracy & how was this account VERIFIED. I contact XXXX XXXX who also stated this accounts DO NOT EXIST, so this a HUGE VIOLATION TO FEDERAL LAW TO DISREGARD ME THE CONSUMER MY RIGHTS & COMPETENT KNOWLEDGE of the inaccuracies among these Consumer Reporting Agencies. 

12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 
Anything added to your report without your written consent could be considered Identity theft AGAIN I DID NOT GIVE WRITTEN CONSENT FOR ANYTHING TO BE LISTED ON MY CONSUMER REPORT WHICH IS CONSIDERED IDENTITY THEFT IN ACCORDANCE WITH 12 CFR 1022.3 ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 
By violating section XXXX for permissible purpose and XXXX for information contained in consumer reports they are also violating compliance procedures under this title. 


CAPITAL ONE, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX ( DEBT COLLECTOR/COLLECTION COMPANY ) ARE ALL IN VIOLATION OF : 12 CFR 1016.1 Purpose and scope. 
( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX, XXXX, and XXXX. 

Every company owes me the consumer a privacy notice before they furnish any information to my consumer report XXXX XXXX XXXX ( DEBT COLLECTOR/COLLECTION COMPANY ) NEEDS TO BE REMOVED FROM MY XXXX  CONSUMER REPORT INCLUDING THE INQUIRY ASSOCIATED WITH IT. THIS IS A fraudulent debt that has been charged off making it a certificate of indebtedness. Which is now considered INCOME & needs to be REMOVED IMMEDIATELY. XXXX & XXXX HAS COMPLIED. 

15 U.S. Code 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 ( 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 ; I HAVE SENT INVOICES TO EACH CREDIT REPORTING AGENCY FOR THE VIOLATIONS THEY CONTINUE TO NEGLECT ON MY CONSUMER REPORT INCLUDING MY OPT-OUT REQUEST PROVIDED TO EVERY FURNISHERS IN VIOLATION OF 12 CFR 1022.3 & MANY OTHER LAWS AS WELL. 

Every Credit Reporting agency & Furnisher/ Banking Institution in their agreements with consumers said they would follow the law and agreed to do so.They are all aware that they are breaking the law & need to have this case brought in front of the FEDERAL COURTS. 

15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing 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 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. 

I HAVE REPORTED XXXX XXXX  ACCOUNTS THAT DO NOT EXIST & CONTINUE TO REFLECT ON ALL XXXX CREDIT REPORTING AGENCIES SUCH AS XXXX, XXXX, & XXXX without providing me PROOF of how they conducted & verified the accounts so now ALL XXXX CREDIT REPORTING AGENCIES ARE IN VIOLATION OF ANOTHER FEDERAL LAW : 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 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. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

THIS MUST BE REMOVED IMMEDIATELY!!! ACCORDING TO 15 U.S. Code 1681s2 & & IF YOU DO NOT COMPLY WITH THE LAW I WILL BE FORCED TO OPEN A FEDERAL CASE AGAINT THE FURNISHERS VIOLATIONS & THE CREDIT REPORTING AGENCIES FOR THERE OWN VIOLATIONS AS WELL!! 

Once I notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid which they have not done or proved!! & HERE SAY is not VALID PROOF ACCORDING TO THE XXXX XXXX  These are just a few violations of the Fair Credit Reporting Act that not only the consumer reporting agencies violate but the furnishers CAPITAL ONE, XXXX XXXX ( XXXX XXXX  ), & XXXX XXXX for releasing the information to them without my written consent. 

Privacy Act of 1974 ( 5 U.S. Code 552a ) Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 The fact these companies are consistently violating a numerous of federal laws WILLINGLY & KNOWINGLY shows just how corrupt these companies can get for their own financial loss which effects the banking system. 

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. 

Also : 15 U.S. Code 6802 ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section XXXX of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

THESE COMPANIES MUST give me an opt out notice for anything that is to be added to my consumer report. AGAIN IF THESE COMPANIES FAIL TO COMPLY WITH ME VERIFYING, & PROVIDING PROOF OF THE INACCURATE & UNLAWFUL VIOLATIONS effecting my consumer report which dropped my score XXXX XXXX points causing me to have to back out from securing my family assets, spending sleepless nights like now XXXX " & '' I'm missing sleep writing yet another valid complaint, Losing funding opportunities to expand my company. 

I WILL COMPLY WITH : 15 U.S. Code 6805 - Enforcement ( a ) 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, I NOW HAVE EVERY right to opt out of anything on your report at any time and these companies must comply as soon as reasonably practicable after I sent them a notice. They have given me unreasonable means to opt out. 

PROOF OF OPT-OUT LETTERS ATTACHED!!

Company response to consumer: Closed with explanation