Consumer complaint received 2024-11-18 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
I am writing to file a formal complaint against Capital One for their failure to comply with my rights as outlined under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., which provides protections to survivors of human trafficking. I am a survivor and victim of trafficking, and Capital One has failed to appropriately block the adverse account in my credit report that is a result of the trafficking circumstances. FCRA Section 605C specifically mandates that credit reporting agencies and data furnishers must block adverse accounts that were a result of trafficking within 4 business days of being notified. Capital One continues to report the account, even though I have submitted the necessary documentation to complete my request, including the victim determination document, adverse account information, and proof of identity. According to tracking, Capital One received the most recent mailing on XX/XX/year>, which was sent via certified mail. It is XX/XX/year>, which is well beyond the four-business-day period during which Capital One is required to remove the account from my credit report. To comply with FCRA requirements, the bank have established procedures for their credit bureau department to submit expedited requests. 

Capital One is negligently neglecting to take immediate action and block the account that was a result of human trafficking, despite my exhaustive efforts to date. My financial well-being is being adversely affected, and the trauma I have already experienced has been heightened by the failure of Capital One to act. I have been working tirelessly to reclaim my life, including my financial well-being, since I was able to escape my dreadful circumstances, but Capital One is preventing my full recovery. 
I am currently in the process of trying to relocate to a new apartment, but I am unable to do so as a result of Capital One 's failure to comply with Section 605C of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., which prohibits the furnishing of the adverse account ( s ) of victims of trafficking to any " consumer reporting agency '' as defined in section 603 ( f ). I have already received multiple apartment application declines due to the reporting of the adverse accounts. My life is at risk since I am confined to the same area and living circumstances. My life has already been threatened, and Capital One 's failure to comply with FCRA regulations could result in my death. I am trying to maintain calm and composure to address situations like the one I am currently in, but as a woman, I am terrified. Capital One is causing great damage to my mental health amongst other things.

Additionally, I have informed the bank of my intention to establish a repayment plan that is within my financial capacity. I will engage in this conversation directly with the bank ; however, in the interim, I am requesting assistance from all Federal agencies to hold Capital One accountable for their negligence. 

I will attach proof of identity, the adverse account information and victim determination letter to this complaint for record-keeping.

Company response to consumer: Closed with explanation