Consumer complaint received 2024-03-12 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:
In accordance with the Fair Credit Reporting Act, Capital One Account # : XXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for purpose. unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. The company reported late payments to my credit profile without taking proper action to ensure reasonable procedures were in place for me to receive statements at least 21 days in advance. Therefore, they are in direct violation of 15 U.S Code 1666b. 
List of Violation furnished to my consumer report by Capital One, XXXX, and XXXX : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. 
15 U.S. Code 1681c ( a ) ( 5 ) Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 
Privacy Act of 1974 also known as 5 U.S.C. 552a ( b ) states Conditions of Disclosure - No agency shall disclose any record which is contained on a system or records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. I the consumer am opting out of any and all consent, whether it is written, unwritten, verbal, or nonverbal implied, or otherwise is revoked effective immediately and indefinitely. 15 U.S.C. 6802 ( b ) ( c ) says 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. Capital One NEVER made me aware of my right to exercise my nondisclosure option. Also, 15 U.S.C. 1681c ( a ) ( 5 ) says Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. This account that is being reported is an adverse item, and it is being reported without my permission or consent, which is against the law. 15 U.S.C. 1681s-2 ( a ) ( 1 ) says 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 U.S.C. 1681e ( a ) says Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title. XXXX, XXXX, and XXXX ARE NOT maintaining reasonable practices as stated in the above U.S.C. 1681e ( a ). According to 15 U.S.C. 1666b ( a ) A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. 15 U.S.C. 1681 ( a ) ( 2 ) states Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Capital One violated my consumer rights by furnishing late payments, as well credit utilization to my consumer report. The existence of these adverse items on my consumer report is causing me great harm. It is deeply impacting my life as a consumer, my livelihood, and my ability to take care of my family. I am unable to obtain the things that I need for myself and my family to live daily. This has ultimately resulted in multiple loan application denials, increased interest rates as well as severe financial and emotional distress, which will continue until this is resolved.

Company response to consumer: Closed with non-monetary relief