Consumer complaint received 2025-04-08 00:00:00
Product: Vehicle loan or lease — Loan
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: IN

Complaint narrative:
Subject : Complaint Regarding Inaccurate Credit Reporting by XXXX Dear Consumer Financial Protection Bureau, I am writing to formally file a complaint regarding TransUnions handling of a dispute I submitted concerning inaccurate and potentially unlawful reporting on my credit report. Please find attached the letter I received from XXXX dated XX/XX/XXXX, indicating the results of their investigation. Despite providing appropriate documentation disputing late payments that were inaccurately reported, XXXX has failed to sufficiently verify the accuracy of the reported information or provide clarity on the actions taken. Their form response does not specifically address the items in question or confirm whether the data furnisher was able to substantiate the late payment ( s ) with documented evidence. My Concerns Include : Lack of Transparency in the Investigation Process : XXXX response does not detail which specific action was taken from their list of possibilities, leaving me uncertain whether the late payment was verified, deleted, or left unchanged without validation. Possible Violation of Late Payment Reporting Regulations : Under the Fair Credit Reporting Act ( FCRA ) and guidance provided by the CFPB, data furnishers are required to report accurate and verifiable information. If a payment is reported late, the furnisher must be able to provide documentation proving that it was indeed more than 30 days past due. 15 U.S. Code 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies : Furnishers must not report information that they know or have reasonable cause to believe is inaccurate. If a late payment can not be substantiated with billing statements, payment records, or written communication with the consumer, then the account should not be reported as delinquent. Inadequate Dispute Resolution : I believe that XXXX may not have conducted a thorough investigation as required under the FCRA. The investigation process must include forwarding all relevant documents I submitted to the data furnisher and ensuring a reasonable investigation is completed. Simply marking the item as " previously verified '' is not sufficient unless the item is verified with actual supporting evidence.

Under the Fair Credit Reporting Act ( FCRA ) : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) : Information furnished to credit reporting agencies must be both accurate and verifiable.

15 U.S.C. 1681 ( a ) : The purpose of the FCRA is to ensure fair and accurate credit reporting.

15 U.S.C. 1681 ( 4 ) : The reporting of inaccurate information can unjustly harm consumers in obtaining credit, housing, or employment. 
no supporting documentation has been provided to substantiate this derogatory claim. This appears to be a baseless reporting of late payments without verifiable proof. 
Furthermore, as a consumer, I retain the right to privacy over my financial information. The inclusion of unverifiable internal transactional claimssuch as alleged late paymentswithout admissible evidence constitutes a violation of that right. These entries are not verified collections or public record judgments and therefore must be validated before inclusion in my credit report. 
In the legal precedent XXXX XXXXXXXX XXXX XXXX XXXXXXXX ( XXXX ), the court affirmed that billing statements alone are insufficient proof of indebtedness. Creditors must supply credible, verifiable evidencesuch as a signed agreement, detailed payment ledger, or transaction historyto justify derogatory reporting. 
A full and immediate investigation into the reporting of the XXXX XXXX account on my credit file. 
Removal of any late payment reporting that can not be verified with complete and accurate documentation. 
Permanent deletion of this account from my XXXX credit report if Capital One fails to produce verifiable evidence to substantiate the reported information. 
I request a written acknowledgment of this complaint and a timely update upon completion of your investigation. I trust that the CFPB will uphold my rights under the FCRA and ensure that only accurate and lawfully verifiable information is maintained on my credit profile.

Company response to consumer: Closed with explanation