Consumer complaint received 2024-01-06 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: FL

Complaint narrative:
I requested for XXXX, XXXX and XXXX to remove multiple non-mailable addresses from report and XXXX told me that they can not remove addresses and you can never get in contact with XXXX and XXXX. I have multiple charged off accounts on my report that the bureaus keeps stating they are accurate but according to 15 usc 1681a ( 2 ) ( 1 ) late payments are illegal according to this law and under exclusions. Charge off is considered to be written off as a loss and considered when filing taxes as to be taxable income and should not be used and against the law to use in credit reporting and I have tried to fix this with the bureaus and they still have not corrected my report. And past reporting to credit. The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. XXXX XXXX Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S.C. 1681 ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. With that being said you cant report a charge off and current late payments on a credit report and this is clearly a violation of fair credit reporting. I have been disputing this same is time and time again and this is causing a hassles for something that should be deleted because it violates the law of credit reporting by all agencies. And reporting a past due amount on an account that is charged off as well.

According to the Fair Credit Reporting Act 15 USC 1681 section 602a states there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX and XXXX are the consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isnt 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 or nonpublic personal information.

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 USC1681e states that 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. 12 CFR 1016.7 states that a Consumer may exercise the right to OPT OUT at any time. I the procedures. 12 CFR 1016.7 states that a Consumer may exercise the right to OPT OUT at any time.

Furnisher of information to credit agencies is a financial institution by definition under that title. 15 USC 1681 section 604a section 2 states that In general Subjection 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. 

Furnisher of information to credit agencies the financial institution and the Consumer reporting agencies XXXX and XXXX do not have any consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX and XXXX ( Furnisher of information to credit agencies ) 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.

Furnisher to credit agencies 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. This account is an adverse item they are reporting again without my permission which is against the law.

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, no-written, verbal and non-verbal per 15 USC 6802. Im Rescinding that authorization per 15 USC 6802. This is effective immediately and indefinitely.

Company response to consumer: Closed with explanation