Consumer complaint received 2025-04-10 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: MI

Complaint narrative:
To Whom It May Concern : I am writing to formally address a serious and unlawful breach of privacy and fiduciary responsibility concerning the unauthorized release and mishandling of my personal, private, and protected information by your organization. This incident, whether by negligence or willful disregard, constitutes multiple violations of federal and state consumer protection laws. 
The conduct displayed reflects a failure to comply with statutes governing consumer data, including but not limited to the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), the Truth in Lending Act ( TILA ), the Uniform Commercial Code ( UCC ), and the Michigan Identity Theft Protection Act. 
Your agency is one of several currently under scrutiny for this type of misconduct. The others include XXXX, XXXX, XXXX, XXXX, and XXXX. Each of these agencies is held to high legal and ethical standards for consumer data handling. Any breach is not only a violation of individual rightsit also erodes public trust and invites legal consequence. 
Applicable Federal Penalties & Remedies for Violations 1. FCRA Violations ( 15 U.S.C. 1681n & 1681o ) : Willful violations may result in statutory damages of {$100.00} to {$1000.00} per violation, actual damages, and punitive damages. 

Negligent violations may result in actual damages and attorneys fees. 
2. Gramm-Leach-Bliley Act ( GLBA ) : Civil penalties : Up to {$100000.00} per violation for institutions. 

Personal liability : Up to {$10000.00} per violation for directors and officers. 

Criminal penalties : Up to 5 years imprisonment, increased to 10 years for patterns or conspiracies. 
3. FTC Act Violations ( Deceptive Practices ) : Civil penalties of up to {$50000.00} per violation per day under FTC enforcement authority. 
4. Consumer Financial Protection Bureau ( CFPB ) : 5. 
Tiered monetary penalties : Tier 1 : $ XXXX for basic violations. 
Tier 2 : $ XXXX for reckless conduct. 
Tier 3 : $ XXXX for knowing violations. 
Breach of Contract & Privacy Policies : Remedies include compensatory damages, consequential damages, punitive damages, and injunctive relief to prevent future harm. 
Immediate Demands & Expectations Cease and Desist : Immediately halt any further dissemination of my personal information. 
Full Investigation : Conduct an internal audit to identify all parties who accessed or distributed my information unlawfully. 
Remediation : Provide written assurance of corrective action and steps taken to comply with federal law. 
Response Deadline : A formal, comprehensive response is required within 10 business days of the date of this notice. 
Failure to address these matters promptly will compel me to initiate legal action and report your agency to appropriate authorities, including the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), Michigan Attorney General, and any other regulatory body with oversight of your operations. 
I reserve all rights, remedies, and actions permitted under law. 
1. Under the Fair Credit Reporting Act ( FCRA ) ( 15 U.S. Code 1681n & 1681o ) Willful Noncompliance ( Section 1681n ) : Statutory damages : {$100.00} to {$1000.00} per violation. 
Actual damages : No cap if the harm can be proven ( financial loss, mental/emotional distress ). 
Punitive damages : Unlimited, based on the severity of the conduct and court discretion. 
Attorneys fees and court costs : Recoverable if the consumer prevails. 
Negligent Noncompliance ( Section 1681o ) : Actual damages : Required to be proven. 
Attorneys fees : Also recoverable. 
2. Gramm-Leach-Bliley Act ( GLBA ) ( Protects consumer financial information ) Civil Penalties : Up to {$100000.00} per violation for the institution. 
Officers and directors can be held personally liable up to {$10000.00} per violation. 
Criminal penalties : Individuals may face up to 5 years imprisonment and/or fines. 

If the offense involves conspiracy or a pattern, penalties increase to 10 years. 
3. Federal Trade Commission Act ( FTC Act ) Unfair or deceptive acts in commerce Civil Penalties : Up to {$50000.00} per violation per day ( as of 2024 adjustments ). 

Used when agencies engage in deceptive or misleading practices, including failure to safeguard information. 
4. Consumer Financial Protection Bureau ( CFPB ) Authority Can impose civil monetary penalties based on the violations severity : Tier 1 : Up to {$5000.00} per day ( basic violations ). 

Tier 2 : Up to {$25000.00} per day ( reckless violations ). 

Tier 3 : Up to {$1.00} XXXX per day ( knowing violations ). 
5. Breach of Contract ( Civil Litigation ) If theres a contractual agreement ( e.g., privacy policies, terms of service ), and its breached : Compensatory damages : Actual losses. 
Consequential damages : Lost opportunity, reputation damage, etc. 
Punitive damages : If fraud or malice is involved. 
Equitable relief : Such as rescission or injunction. 
Applicable Federal Penalties & Remedies for Violations 1. Fair Credit Reporting Act ( FCRA ) Violations 15 U.S.C. 1681n & 1681o Statutory damages : {$100.00} {$1000.00} per violation. 
Actual damages : Compensation for documented financial, reputational, and emotional harm. 
Punitive damages : Unlimited potential based on the severity and willfulness of the violation. 

Attorneys fees and costs : Recoverable upon prevailing in civil court. 
2. Gramm-Leach-Bliley Act ( GLBA ) Institutional fines : Up to {$100000.00} per violation. 

Executive personal liability : Up to {$10000.00} per violation. 

Criminal penalties : Up to 510 years imprisonment for knowing or intentional violations. 
3. Federal Trade Commission Act Civil penalties of up to {$50000.00} per violation, per day, for deceptive or unfair practices. 
4. CFPB Sanctions Tiered monetary penalties ranging from $ XXXX to $ XXXX based on severity and intent. 
5. Breach of Contract / Privacy Policy Civil remedies include compensatory, consequential, and punitive damages, along with potential injunctive relief. 
Remedies Available to Me If necessary, I am fully prepared to pursue the following legal avenues to assert and defend my rights : a. Monetary Damages ( Civil Remedies ) : Actual damages for financial loss, reputational harm, and emotional distress. 

Statutory damages regardless of proof of harm. 

Punitive damages to penalize and deter willful noncompliance. 

Recovery of attorneys fees and court costs. 
b. Injunctive Relief : A court order may be sought to demand cessation of your unlawful data handling, correction of inaccuracies, and full compliance with reporting regulations. 
c. Regulatory Complaints : Immediate filings will be submitted to the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the Michigan Attorney Generals Office, each of which is empowered to impose substantial civil and criminal sanctions. 
d. Class Action Litigation : If a pattern of misconduct emerges, I will initiate or join a class action lawsuit against your agency and any co-conspirators, leveraging collective plaintiff action for maximum impact. 
Oversight and Industry Competition While your agency operates among the Big 5 national credit bureaus, it is critical to note that alternative credit models and decentralized data systems are emerging to reduce dependency on traditional, opaque agencies like yours. In addition, legislative bodies and regulators are aggressively pursuing data privacy reform at both the federal and state level. 
a. Government Oversight : CFPB enforces federal consumer financial protection laws. 

FTC penalizes deceptive or unfair practices. 

Congress and Michigan State Legislature are advancing privacy bills to limit credit data misuse. 
b. Alternative Credit Models : Platforms such as XXXX, XXXX, and XXXX XXXX use consumer-controlled data ( like utilities and rent ) for credit scoring. 

DeFi platforms provide trustless, decentralized credit systems bypassing traditional reporting models. 
c. Consumer Empowerment Tools : I am actively utilizing tools such as credit freezes, fraud alerts, ID theft monitoring, and direct disputes to protect and monitor my profile against further abuse. 
Final Notice & Demand for Immediate Action You are hereby instructed to : XXXX. XXXX. XXXX. XXXX. Immediately cease all unauthorized sharing or processing of my private data. 
Conduct a thorough internal investigation into this breach. 
Provide a written response within 10 business days, outlining the scope of the violation, remedial steps taken, and assurance of full compliance moving forward. 
Prepare to cooperate with pending investigations and potential litigation. 
Failure to comply will result in formal legal action, federal complaints, and public exposure of your agencys failure to safeguard consumer rights. 
This letter serves as legal notice. I reserve all rights, remedies, and claims under applicable law.

Company response to consumer: Closed with non-monetary relief