Consumer complaint received 2024-09-24 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: MD

Complaint narrative:
As per the Fair Credit Reporting Act ( 15 USC 1681 Section 602 it's clearly stated that I as a consumer have the right to protection from fraudulent and unfair actions against me credit card companies and credit reporting agencies. 

The XXXX companies I will be reporting against have made direct fraudulent actions against me and I seek fair and just recourse. I will now describe the exact fraudulent actions have been and what recourse I seek. 

XXXX : Account ending in XXXX Capital One : Account ending in XXXX XXXX  : Consumer Reference Number - XXXX, Account Reference Number - XXXX I speak directly now to Capital One, XXXX  and XXXX  as I know they will be reading this report. You have directly violated my rights under federal law and I have more than enough evidence to receive proper recourse. If you do not comply you are knowingly violating federal law and I will be filing against you with various federal agencies including the CFPB, FTC, and SEC to make sure my rights are protected and you are punished. 


Under the definition provided in 15 USC 6809, a 'furnisher of information to credit agencies ' qualifies as a financial institution. Therefore XXXX, Capital One, and XXXX  are all financial institutions. 



* Privacy Act of 1974 ( 5 U.S. Code 552a ) * ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of 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, unless disclosure of the record would be * ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. 


The companies XXXX, Capital One, and XXXX  have all used personal information from credit reporting agencies which not only did I not give consent, but told these companies directly to not use from my opt out notice to them. An opt out notice which I will provide and give evidence, * 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) * ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : * ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party; * ( ii ) That the consumer has the right to opt out of that disclosure ; and * ( iii ) A reasonable means by which the consumer may exercise the opt out right.

According to this CFR these companies are required directly to provide a reasonable opt out notice to each consumer which they have clearly not done. Not only this but they also are required to allow their consumers to opt out from disclosing any personal information. Again I've sent an opt out notice to all XXXX companies and my personal information is still available.

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.

According to this code companies may not disclose any personal information to any third party non-affiliate. WHICH THEY HAVE CLEARLY DONE.

15 USC 1681c ( a ) ( 5 ) states that 'Except as authorized under subsection ( b ), no consumer reporting agency may include in any consumer report any adverse information, other than records of convictions of crimes, which antedates the report by more than seven years. ' According to my credit reports with information furnished by XXXX, Capital One, and XXXX  there are multiple adverse items that are being reported without my permission, which is a clear violation of this statute. The continued reporting of this information is not only unauthorized but also illegal under federal law.

According to 15 U.S. Code 1681a ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; This clearly states that any credit report containing my transaction history is illegal. Which all credit agencies XXXX, Capital One, and XXXX are in violation of.

15 U.S. Code 1681s-2 ( A ) ( 1 ) ( A ), '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. ' Additionally, 15 U.S. Code 1681e mandates that '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. ' XXXX, Capital One, and XXXX are knowingly providing inaccurate information as all three of my credit reports are different from each other.

15 U.S. Code 1681n - Civil liability for willful noncompliance also states " Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; '' I expect full compensation from all 3 firms which I have the right to under the law, as it clearly states that I was violated. Furthermore, under 12 CFR 1016.7, 'A consumer may exercise the right to opt out at any time. '

Company response to consumer: Closed with explanation