Consumer complaint received 2025-06-09 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: NJ

Complaint narrative:
I am writing to formally request that the Consumer Financial Protection Bureau ( CFPB ) investigate the inaccurate and potentially unlawful reporting of a charge-off account currently appearing on my credit report. CAPITAL ONE AUTO FINANCE is in violation of multiple laws set forth by XXXX in regards to the following account : ACCT # XXXX This request is made pursuant to my rights under the Fair Credit Reporting Act ( FCRA ), XXXX XXXX XXXX XXXXXXXX, and the Privacy Act of 1974, XXXX XXXX Code XXXX. 
The account in question, originally reported by CAPITAL ONE AUTO FINANCE, has been resolved. According to the Internal Revenue Service ( IRS ), a charge-off is considered a certificate of indebtedness, which means it is income and, therefore, eligible for removal from the records. The IRS clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! I provided a screenshot from the IRS website. Accordingly, it is no longer appropriate or lawful to report this account as a current charge-off or to continue furnishing adverse monthly payment history to third parties. 
InCAPITAL ONE AUTO FINANCE terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, nor XXXX are not an affiliate ofCAPITAL ONE AUTO FINANCE nor are they " bureaus ". The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per XXXX XXXX XXXX XXXXXXXX. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per XXXX XXXX XXXX. 
XXXX XXXX XXXX  XXXX ( XXXX ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( CAPITAL ONE AUTO ) making the report. Additionally, XXXX XXXXXXXX XXXX XXXXXXXX XXXX ( a ) ( XXXX ) ( A ) states that A person ( CAPITAL ONE AUTO ) shall not furnish any information relating to a consumer ( XXXX ) to any consumer reporting agency ( XXXX XXXX XXXX  ) if the person knows or has reasonable cause to believe that the information is inaccurate.CAPITAL XXXX AUTO FINANCE can not collect on a XXXX debt. 
I shall also point out their responsibility pursuant FRCA XXXX XXXX XXXX  XXXX ( a ) ( XXXX ) ( B ) ( XXXX ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION XXXX ) PROHIBITION ( 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. 
Furthermore, the Privacy Act of XXXX establishes protections for individuals from unauthorized disclosure of personal information by federal agencies or by entities acting in a similar capacity, particularly where such data is no longer relevant or accurate. 
Where is my XXXX CAPITAL ONE AUTO FINANCE is clearly writing off debt with the IRS without sending out XXXX as required by the IRS for debts greater than { { {$600.00} } }. This is unsatisfactory! CAPITAL ONE AUTO FINANCE has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. Continued reporting of a charge-off status on an account that has been legally extinguished, restructured, or securitized into a financial instrument ( certificate of indebtedness ) constitutes a misrepresentation. It also violates my right to privacy and accuracy in the handling of my personal data, particularly when such data is shared with third-party credit reporting agencies and lenders. 
In light of this information I respectfully request the following actions for ACCT # XXXX That the referenced charge-off account be updated to reflect a Paid as Agreed or Closed Paid in Fullstatus, as appropriate. 
That any derogatory payment history be permanently removed from the consumer report. 
That the CFPB initiate a formal investigation into the creditors compliance with FCRA and applicable provisions of the Privacy Act of XXXX. 
Attached you will find supporting documentation related to this account, including evidence of resolution or transformation of the debt, and a recent credit report reflecting the disputed item. 
I appreciate your attention to this matter and request written confirmation of your investigation within the timeframe mandated by federal law.

Company response to consumer: Closed with explanation