Consumer complaint received 2024-02-02 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: NH

Complaint narrative:
The Fair Credit Reporting Act, 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' As a federally protected consumer I have the right to make sure my nonpublic private information is protected. The previous statement is also 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 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. '' XXXX, XXXX XXXX AND XXXX are consumer reporting agencies. Per the Privacy Act of 1974 it states 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. I have requested documentation with my WET INK signature in which I gave consent. If said documentation is NOT furnished such items must be removed IMMEDIATELY. Per FRCA as a federally protected consumer I am opting out of any and all authorization, I the consumer may have given you written, unwritten, verbal and nonverbal per 15 USC 6802. This is effective immediately and indefinitely. 15 USC 6802 ( b ) ( c ) also 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. '' Capital One is the financial institution referenced in this report. I was never clearly and conspicuously informed of my right to exercise my nondisclosure option. 15 USC 1681a subsection 2, exclusions except as provided in paragraph ( 3 ), the term consumer report does not include, report containing information solely as to transactions or experiences between the consumer and the person making the report ; Said code states reporting transaction history is illegal, information must be corrected. 15 U.S. Code 1681b - Permissible purposes of consumer reports ; Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( sub section 2 ) In accordance with the written instructions of the consumer to whom it relates. To reiterate I never gave consent to have anything added to my consumer report to any of the credit reporting agencies, a violation of the Fair Credit Reporting Act.

15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may 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 again without my permission which is against the law. 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. XXXX, XXXX XXXX AND XXXX are not maintaining reasonable procedures.

Company response to consumer: Closed with explanation