Consumer complaint received 2024-01-25 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: CAPITAL ONE FINANCIAL CORPORATION
State: LA

Complaint narrative:
Subject : Unauthorized Credit Reporting and Demand for Resolution Reference to Federal, Texas Laws, and Louisiana FCRA Identity Theft Fraud Laws Dear CAPITAL ONE, I am writing to bring to your attention a concerning matter involving the unauthorized reporting of information to my credit report, which contravenes the Fair Credit Reporting Act ( FCRA ) under Sections 1681b ( a ) ( 2 ), 1681c ( a ) ( 2 ), and 1681s-2 ( a ). Additionally, I wish to highlight relevant provisions in the Texas Finance Code under Sections 392.301 and 392.305, as well as identity theft fraud laws, particularly Louisiana FCRA Identity Theft Fraud Laws. 

It has come to my unequivocal attention that XXXX XXXX has engaged in unauthorized reporting to my credit report without obtaining my explicit consent. The FCRA, a federal law, explicitly mandates that consumer consent is a non-negotiable requirement for such reporting activities under Section 1681b ( a ) ( 2 ). 

In conjunction with federal law, Texas state law, specifically Section 392.301 of the Texas Finance Code, emphasizes the necessity of consumer consent for credit reporting. Furthermore, Section 392.305 of the Texas Finance Code provides clear guidelines for the fair reporting of consumer credit information. Simultaneously, identity theft fraud laws, such as Louisiana FCRA Identity Theft Fraud Laws, underscore the severity of unauthorized access and misuse of personal information. 

I assert with unwavering certainty that I have not provided consent for XXXX XXXX to report any information to my credit report. This undeniable lack of explicit permission constitutes a blatant violation of my rights, potentially causing damage to my creditworthiness and demonstrating a disregard for federal and state laws. 

I demand, with the utmost certainty, that CAPITAL ONE immediately ceases any further reporting of information to my credit report without obtaining my explicit consent, as mandated by Section 1681b ( a ) ( 2 ) of the FCRA and Sections 392.301 and 392.305 of the Texas Finance Code. Failure to comply within the stipulated 30-day timeframe will be viewed as willful noncompliance, subject to penalties under applicable laws, including identity theft fraud laws, including those outlined in Louisiana FCRA Identity Theft Fraud Laws. 

Obtaining consent is not a discretionary choice but a legal obligation under these specific sections of the FCRA, Texas state law, and identity theft fraud laws in Louisiana. This is not a negotiation ; it is a demand for compliance with both federal and state regulations, protecting consumers like myself from unauthorized and damaging credit reporting. 

I anticipate your immediate attention to this matter and expect that CAPITAL ONE will promptly rectify these egregious violations, respecting my rights under federal, Texas, and Louisiana laws. 

Done in good faith.

Company response to consumer: Closed with explanation