Consumer complaint received 2025-10-18 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: FL

Complaint narrative:
My credit report lists two Capital One Auto Finance accounts, both of which are being reported inaccurately and in violation of federal law : 1. Account ending in XXXX This account was paid in full, yet Capital One continues to report late payments that are still negatively impacting my credit score. Once an account is paid and closed, no additional late payment history should continue to affect my current credit standing.

2. Account ending in XXXX This account was repossessed, yet Capital One continues to report new or recurring late payments even after the repossession date. Once a vehicle is repossessed, the loan contract is terminated, and there are no further monthly payments to report as late. The account should reflect the accurate repossession and charge-off status only, not ongoing delinquencies. 

Capital Ones continued reporting of false and misleading late payments on both accounts is inaccurate, deceptive, and violates multiple provisions of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ).

Laws Violated 1. FCRA 623 ( a ) ( 1 ) ( A ) 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) Prohibits any furnisher from reporting information to a consumer reporting agency if the furnisher knows or has reasonable cause to believe the information is inaccurate.

2. FCRA 623 ( b ) 15 U.S.C. 1681s-2 ( b ) Requires furnishers to conduct a reasonable investigation and correct or delete any inaccurate or unverifiable information after receiving notice of dispute.

3. FCRA 607 ( b ) 15 U.S.C. 1681e ( b ) Requires credit bureaus to follow procedures that assure maximum possible accuracy of the information concerning a consumer.

4. FDCPA 807 ( 2 ) ( A ) 15 U.S.C. 1692e ( 2 ) ( A ) Prohibits false representation of the character, amount, or legal status of any debt.

5. FDCPA 807 ( 8 ) 15 U.S.C. 1692e ( 8 ) Prohibits communicating or reporting credit information that is known or should be known to be false.

6. FDCPA 808 15 U.S.C. 1692f Prohibits unfair or unconscionable means to collect or report a debt.

Legal Basis Capital Ones continued reporting of late payments under these circumstances is legally impermissible : For the paid-in-full account, there is no active debt obligation, meaning continuing to report past due information misrepresents the legal status of the account under 15 U.S.C. 1692e ( 2 ) ( A ) and violates the FCRAs accuracy requirements ( 15 U.S.C. 1681s-2 ( a ) ).

For the repossessed account, any payment activity after repossession is factually false because no further monthly payments exist once the vehicle is recovered and the loan balance is accelerated. Reporting these as late constitutes knowingly furnishing inaccurate information, violating 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), and communicating false credit data under 15 U.S.C. 1692e ( 8 ).

Failure to correct these errors after notification constitutes a violation of FCRA 623 ( b ).

Capital Ones actions have caused continuing harm to my creditworthiness by misrepresenting the legal and factual status of both accounts.

Company response to consumer: Closed with explanation