Consumer complaint received 2024-08-01 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: AR

Complaint narrative:
Capital One Auto Finance XXXX This Company is in violation of the FCRA and the GLBA! I have told them and they ignored my notices, which means they are knowingly violated my rights. 

The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. You and your inaccurate reporting have damaged my livelihood. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information Prohibition ( A ) Reporting information with actual knowledge of errors Apersonshall not furnish any information relating to aconsumerto anyconsumer reporting agencyif thepersonknows or hasreasonable cause to believe that the information is inaccurate.Duty : a moral or legal obligation ; a responsibilityAccurate : correct in all details ; exact.Prohibition : a law or regulation forbidding something. As Defined by The IRS. Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 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 your reporting of this account inaccurate! By Definition The IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. 15 USC 1681 s-2 says a furnisher of information to a consumer reporting agency is PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/ in accurate information immediately. 15 USC 1681 s-2 ( a ) ( 1 ) ( A ) Apersonshall not furnish any information relating to aconsumerto anyconsumer reporting agencyif thepersonknows or hasreasonable cause to believe that the information is inaccurate You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union, federal government agency, or other applicable entity as discussed earlier in chapter 1. The above paragraph is taken directly from the IRS 2021 publication. SEND ME MY FORM 1099-C that you should have sent when you Filled the account as a canceled debt.

This account has been charged off as a bad debt which is now considered income for me that is required that I file on my taxes according to the IRS and the FCRA income should not be reported on my consumer report This company has willingly and knowingly violated my rights as a consumer. This company is in violation of the Fair Credit Reporting Act and the Gramm-Leach- Bliley Act. Violations of the Gramm-Leach-Bliley Act for non-compliance can result in fines up to {$100000.00} per each violation for financial institutions.With that being said this company along with XXXX, XXXX, and XXXX have been notified of the violations by me and no action has been taking. I am depending on the CFPB to make sure action is taking and to show these companies, organizations and institutions that they are not above the law.

Under the Gramm-Leach-Bliley Act 15 U.SC. 6801 et seq. also known as the Financial Services Modernization Act of 1999, I the consumer should be giving the option to opt out of my nonpublic personal information being reported to or with non-affiliated third parties. The opt-out notice must be must be explained clearly by financial institutions and provided in writing at the time of an in-person transaction and electronically for a online transaction. 

This option was NEVER provided to me! I request that this account be deleted and no longer be reported on my credit report.

Company response to consumer: Closed with explanation