Consumer complaint received 2024-02-02 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: CA

Complaint narrative:
There is a plethora of unauthorized inquiries that have been reported on my credit report, which constitute clear violations of critical provisions of the Fair Credit Reporting Act ( FCRA ) and the Privacy Act of 1974. As the Consumer Financial Protection Bureau ( CFPB ) is entrusted with upholding the full scope of consumer protection laws, including those governing the fairness and accuracy of consumer reports, I request a thorough investigation into this matter.The unauthorized inquiries in question not only contravene the FCRA 's 15 U.S. Code 1681b, which explicitly delineates the permissible purposes for accessing consumer reports but also infringe upon 15 U.S. Code 1681c by incorporating information that unequivocally falls outside the prescribed criteria. These provisions are fundamental in preserving the integrity and precision of consumer reports, rendering these violations patently indefensible.Furthermore, the Privacy Act of 1974, 5 U.S. Code 552a, which operates in conjunction with the FCRA, sets forth critical safeguards for the privacy and accuracy of personal information held by federal agencies. The unauthorized inclusion of inquiries on my credit report without my knowledge or consent raises concerns regarding compliance with the Privacy Act 's provisions, as it pertains to the handling of personal data.Moreover, 15 U.S. Code 1681e ( a ) underscores the necessity of consumer reporting agencies adhering to rational procedures to avert infractions of section 1681c and to confine the provision of consumer reports solely to the purposes enumerated under section 1681b. These procedures necessitate prospective users to unequivocally identify themselves, certify the precise intent for which the information is sought, and confirm their commitment to employ the data solely for the certified purpose. Every consumer reporting agency is duty-bound to meticulously verify the identity and intentions of new prospective users before releasing a consumer report. The evident transgressions of these procedures in my case raise profound concerns regarding compliance with the FCRA.In addition, 15 U.S. Code 1681e ( b ) underscores the obligation of consumer reporting agencies to ensure the maximum attainable accuracy of consumer reports. The unauthorized inquiries, bearing no legitimate justification and violating the aforementioned sections, cast serious doubts upon the veracity and reliability of my credit report.I firmly assert that these unauthorized inquiries and their subsequent inclusion on my credit report are indisputable breaches of the FCRA and the Privacy Act of 1974. They were incorporated without my knowledge, consent, or any valid basis for inclusion.

For Reference These codes solidify claims above : 1 ) 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 ) 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. '' 3 ) 15 U.S. Code 1681e - Compliance procedures : " ( a ) Identity and purposes of credit users : 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. '' " ( 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. ''

Company response to consumer: Closed with non-monetary relief