Consumer complaint received 2025-07-03 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NY

Complaint narrative:
I am writing to formally dispute late fees, delinquency reporting, and any adverse actions taken on my account in connection with billing statements that were either not delivered in accordance with federal law or were improperly handled by your agents or representatives.

Violations of Federal Law Identified After reviewing my account history, I believe your company has violated multiple provisions of federal consumer protection law, including but not limited to : 1. 15 U.S.C. 1666b ( a ) Truth in Lending Act ( TILA ) : This law states that a creditor may not treat a payment on a credit card account as late for any purpose including applying late fees, reporting delinquencies, or revoking the grace period unless the creditor has used reasonable procedures to ensure the billing statement was delivered at least 21 days before the payment due date.

I did not receive such a statement in compliance with the 21-day requirement. If a collection agency was delegated to mail this statement, it still remains your legal duty to ensure compliance with Regulation Z, including proper disclosures and timelines.

Failure to meet this standard invalidates any fees or negative reporting that resulted from the alleged late payment.

2. 15 U.S.C. 1637 ( b ) Periodic Statement Requirements : This provision requires that creditors send a clear and accurate monthly billing statement for each billing cycle during which there is an outstanding balance or activity. That statement must include : - The due date - Total balance - Minimum payment required- Itemized transactions and fees - Any finance charges If I did not receive this, or if the information was provided only through a collection notice or after the due date, then you have failed to meet your legal disclosure requirements.

3. 15 U.S.C. 1666 ( a ) Fair Credit Billing Act ( FCBA ) : Although I am outside the 60-day period for disputing under the FCBA, please be advised that the underlying violations of TILA and your failure to follow required procedures render any adverse actions youve taken illegal, regardless of timing.

4. 15 U.S.C. 1681s-2 ( a ) Fair Credit Reporting Act ( FCRA ) : It is unlawful under the FCRA to furnish information to a credit reporting agency that is inaccurate, incomplete, or can not be verified. If you reported any delinquencies or negative marks based on an improperly sent or missing billing statement, such reporting violates your obligations as a data furnisher.

If you fail to correct or remove inaccurate data after being notified, you may be liable for willful noncompliance under 15 U.S.C. 1681n, or negligent noncompliance under 15 U.S.C. 1681o.

My Demand Accordingly, I am requesting the following : 1. Immediate removal of any late fees, finance charges, or penalties stemming from the billing statement violation.

2. Full correction or deletion of any delinquency reported to credit bureaus, as this reporting is unlawful and based on an invalid late payment.

3. Copies of all billing statements for the disputed months, with proof of timely mailing or electronic delivery ( including date, method, and recipient ).

4. A written response within 30 days of receipt of this letter, as required by federal law.

Failure to comply may result in additional action, including : - Filing a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) - Filing disputes directly with the credit reporting agencies- Seeking legal counsel and pursuing civil damages for violations of the TILA, FCRA, and other applicable laws Preserve My Rights This letter is a formal notification of dispute. Please preserve all relevant account records and communications. This is not a refusal to pay but a dispute of charges and legal violations. I reserve all rights and remedies under federal law. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation