Consumer complaint received 2024-01-11 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: NY

Complaint narrative:
the following letter was sent to Capital One in writing through certified mail : " Per your terms and conditions that were granted to me at the time of the account opening, it states that you do not provide information to non-affiliates. XXXX, XXXX, XXXX, XXXX XXXX XXXX, XXXX are third party companies. 

Per the FCRA, as a federally protected consumer, I am opting out of any authorization, I, the consumer may have given you. i.e., written, non-written, verbal, non-verbal, but not limited to such. 

The law states that it is illegal to report transaction history. Effective immediately and indefinitely, I demand that XXXX XXXX XXXX stop reporting to any and all non-affiliates pursuant to : 15 U.S. Code 6802 Obligations with respect to disclosures of personal information a ) NOTICE requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) opt out ( 1 ) In general financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

15 U.S. Code 6805 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

16 CFR 313PRIVACY OF CONSUMER FINANCIAL INFORMATION Authority:15 U.S.C. 6801 et seq., 12 U.S.C. 5519.

313.1 Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15.

Please send me a written acknowledgement of substance in regard to this matter. '' Despite having receive this letter, Capital One continues to proclaim adverse action against me and report to third party none affiliates. This was done most recently on XX/XX/2024, and XX/XX/2024 This is negatively impacting my life, and establishes a clear disregard for my federal consumer rights

Company response to consumer: Closed with explanation