Consumer complaint received 2024-09-09 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: IL

Complaint narrative:
This complaint is to report Capital One WalMart, XXXX, XXXX, and XXXX for multiple violations of the Privacy Act of 1974, the Fair Credit Reporting Act, Security Exchange Act and my rights as a Consumer. 
As stated on the Capital One Financial Corporation Form 8-k filed with the Securities and Exchange Commission dated XXXX, XXXX, XXXX - Pursuant to the requirements of the Securities Exchange Act of 1934, the Company has duly caused this Current Report on Form XXXX to be signed on its behalf by the undersigned hereunto duly authorized. CAPITAL ONE FINANCIAL CORPORATION Date : XX/XX/XXXX By : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Controller and Principal Accounting Officer. Capital One Financial Corporation is in violation of their aggreements. 

According to the Fair Credit Reporting Act, 15 USC 1681 section 602 ( a ) states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies, and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states " It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Capital One WalMart is a financial institution by definition under that title. 15 USC 1681 section 604 ( a ) section 2 states that " In general Subject to subsection ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : In accordance with the written instructions of the consumer to whom it relates. '' Capital One WalMart, the financial institution and the Consumer reporting agencies XXXX, XXXX, and XXXX do not have my consent to furnish this information, and they do not have my written consent. All consent to XXXX, XXXX, XXXX, Capital One WalMart whether it be verbal, non-verbal, written, un-written, implied or otherwise is revoked. 15 USC 6802 ( b ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' I was never informed of my right to exercise my nondisclosure option. 

Not only that 15 USC 1681C ( a ) ( 5 ) states " Except as authorized under subsection ( b ), but no consumer reporting agency may also make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting without my permission, which is against the law. Capital One XXXX committed multiple violations of 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 1681e states '' 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. Capital One XXXX, XXXX, XXXX and XXXX are not maintaining reasonable procedures. 

Capital One XXXX disclosed to the reporting agencies information on Account XXXX. XXXX, reported a Status as Collection/ Chargeoff. XXXX reported Closed. XXXX reported Closed. These are violations of 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974 Capital One XXXX disclosed to XXXX, XXXX, XXXX. XXXX reported Opened Date of XXXX, XXXX reported Opened Date of XXXX and XXXX reported Opened Date of XXXX. Capital One XXXX and all 3 agencies are in violation of 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974 Capital One XXXX disclosed to reporting agencies and XXXX reported a Credit Limit of {$700.00}, XXXX reported {$0.00}, and XXXX reported {$700.00}. Capital One XXXX and all 3 agencies are in violation of 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681c, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974 XXXX reports Date reported as XXXX, XXXX reports Date reported as XXXX, XXXX reports Date reported as XXXX. All 3 agencies are in violation of 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681c, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974. 
Capital One XXXX disclosed to XXXX and they report Payment History as such - XX/XX/XXXX Charge Off and XXXX Remarks Charged off as bad debt. Purchased by another lender. This violates 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681c, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974 Capital One XXXX disclosed to XXXX and they report Payment History XX/XX/XXXX, XXXX XXXX XXXX XXXXXXXX reports of NR. XXXX Remarks Account transferred or sold. Charge This violates 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681c, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974 Capital One XXXX disclosed XXXX XXXX and they report Payment History XXXX XXXX XXXX. Experian Remarks Purchased by another lender. This violates 12 CFR 1022.3, 15 U.S. Code 1681, 15 U.S. Code 1681c, 15 U.S. Code 1681e, 15 U.S. Code 1681n, 15 U.S. Code 1681o 15 USC 1681s-2, and the Privacy Act of 1974 Capital One XXXX nor any other entity can collect on a discharged debt. This is now considered a certificate of indebtedness and income per the IRS and income can not be reported. The IRS clearly defines a charge off as Gross or Ordinary income, income does not get reported on the credit report which in fact makes reporting of this account inaccurate. By definition, the IRS clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-A or C from Capital One XXXX for the cancelled debt of an unknown amount in order to file as appropriately. Capital One XXXX is committing fraud with the accounting of this account with the IRS without sending out the 1099 A or C and any other applicable forms as required by the IRS for debts greater than {$600.00}. This is unacceptable. I want to see full disclosure of any 1099s, any other forms and the GAAP accounting, including all accounting for adherence to 12 CFR 1026.21 which states when a credit balance in excess of {$1.00} is created in connection with a transaction ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer ), the creditor shall : ( a ) Credit the amount of the credit balance to the consumer 's account ; ( b ) Refund any part of the remaining credit balance, upon the written request of the consumer ; and ( c ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than 6 months, except that no further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. The involved parties have or should have filed with the IRS, Federal Trade Commission, Security Exchange Commission on my account. I want the account audited and corrected immediately.

( b ) Opt out, ( 1 ) In general A 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.

PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 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 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 1016.13, 1016.14, and 1016.15.

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. ( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( i ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. 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 A 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. 
I am opting out of any and all reporting by Capital One XXXX, XXXX, XXXX and XXXX of this account. 

Under 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. None of the reports given by Capital One XXXX showing on the credit report were done with any type of permission from me, the Consumer. I count each of the items as a violation of 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general 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} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater and I demand {$1000.00} per violation to Capital One XXXX, XXXX, XXXX, and XXXX. 


Per 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. I demand immediate deletion of the account from ALL credit reporting agencies and {$1000.00} per violation committed by Capital One XXXX, XXXX, XXXX, and XXXX of the Fair Credit Reporting Act, Code of Federal Regulations, and the United States Code, the Uniform Commercial Code and the Privacy Act of 1974. As well as a return of any funds ever paid, Security Interests, and insurance proceeds ever made on the account. And as it is unclear as to How the reporting agencies received any information to report, I see that Capital One XXXX and the reporting agencies have dual responsibility in violating multiple CFR and Acts and I want the CFPB to investigate and help me to get the proper remedy in these matters. 

I also want a full audit of the account performed by the IRS and any amount due to me be made. 

All funds due to me are to be deposited according to the Electronic Funds Transfer Act into my account at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Account # XXXX, Routing # XXXX I'm not sure how to include the 4 violating parties in the complaint when the CFPB Complaint fill in form for who to complain about only allows 3 entries. There are 3 reporting agencies and 1 financial institution included. Please include all 4 parties in the investigation and calculate the violations of each when calculating damages.

Company response to consumer: Closed with explanation