Consumer complaint received 2025-01-13 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA

Complaint narrative:
Complaint Summary I am filing this complaint against Capital One due to multiple violations of my rights under the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), and the Privacy Act of 1974. Specifically, Capital One has reported inaccurate negative information regarding 4 late payments to credit reporting agencies on an UNAUTHORIZED credit account opened in XX/XX/XXXX, which has adversely affected my credit score and financial standing. Despite my formal written and verbal Capital One failed to conduct a reasonable investigation into the errors, in violation of 15 U.S.C. 1681s-2 ( b ). The incorrect reporting of late payments has resulted in financial harm by limiting my access to favorable credit terms and subjecting me to higher interest rates. The account was never applied for or used by me but has been recently linked with another credit account I have recently opened. 

Furthermore, Capital One failed to safeguard my personal information and ensure that it was accurate, complete, and up-to-date, as required under 5 U.S.C. 552a ( e ) ( 5 ) of the Privacy Act of 1974 and 15 U.S.C. 6801 of the GLBA. This failure resulted in adverse determinations about my creditworthiness, causing me both financial and emotional distress. Additionally, Capital Ones reporting of false or misleading negative information without proper verification constitutes willful noncompliance under 15 U.S.C. 1681n, for which I seek statutory damages, as well as compensation for the actual damages I have incurred.

Capital Ones handling of my personal information and their failure to correct errors when notified demonstrates negligence and a disregard for consumer protection laws. I am requesting that the CFPB investigate these violations, ensure Capital One corrects all inaccurate information on my credit reports, and compensate me for the harm caused by their actions.

Violations of Law 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 et seq.

- 15 U.S.C. 1681s-2 ( a ) : Duty to provide accurate information. Capital One reported late payments and negative account information that were incorrect and adversely impacted my credit score.

- 15 U.S.C. 1681s-2 ( b ) : Duty to investigate disputed information. Despite my formal dispute regarding the inaccurate reporting of late payments, Capital One failed to conduct a reasonable investigation and correct the errors. 
- 15 U.S.C. 1681n : Civil liability for willful noncompliance, allowing for statutory and punitive damages.

- 15 U.S.C. 1681o : Civil liability for negligent noncompliance, allowing for actual damages and legal costs.

2. Gramm-Leach-Bliley Act ( GLBA ) 15 U.S.C. 6801 et seq.

- Duty to protect the confidentiality and security of personal information.

3. Privacy Act of 1974 5 U.S.C. 552a - 5 U.S.C. 552a ( b ) : Prohibition against unauthorized disclosure of personal information without consent. 
- 5 U.S.C. 552a ( e ) ( 5 ) : Duty to maintain accurate, complete, and up-to-date records to ensure fairness in determinations affecting an individuals rights.

- 5 U.S.C. 552a ( g ) ( 1 ) ( C ) : Right to bring a civil action for failure to maintain accurate records, resulting in an adverse determination ( e.g., incorrect late payment reporting negatively affecting my creditworthiness ).

- 5 U.S.C. 552a ( g ) ( 4 ) : Civil penalties for violations, including actual damages with a minimum award of {$1000.00}, plus costs and attorney fees. 

Harm Suffered As a result of Capital Ones actions, I have suffered the following harm : 1. Credit Score Damage : My credit score was negatively impacted by the inaccurate reporting, leading to denials of credit and higher interest rates on loans.

2. Emotional Distress : The stress caused by dealing with these issues has negatively affected my well-being.

3. Financial Loss : Due to the inaccurate information, I was offered loans and credit products at unfavorable terms, leading to higher costs.

4. Time and Expense : I have spent significant time and resources disputing the errors and attempting to have them corrected.

Company response to consumer: Closed with explanation