Consumer complaint received 2025-01-03 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: FL

Complaint narrative:
According to the Fair Credit Reporting Act, 15 USC 1681 section 602 ( a ) ( 4 ) 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 in fact consumer reporting agencies, and I am the Consumer. Pursuant to the law, I have the right to insure my private nonpublic personal information is not shared and that right 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. '' XXXX XXXX XXXX is a financial institution by definition under that title. 15 USC 1681 section 604 ( a ) section 2 which reads : " 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, the financial institution, and the Consumer reporting agencies, XXXX, XXXX, and XXXX, do not have my consent to furnish this information, and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX and XXXX XXXX BANK, whether it be verbal, non-verbal, written, implied or otherwise, I the consumer henceforth revoke. 15 USC 6802 ( b ) ( c ) 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. '' XXXX XXXX XXXX never informed me of my right to exercise my nondisclosure option. Not only that, 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 XXXX years. '' This item is an adverse item and is being reported without my permission, which violates the Privacy Act of 1974 and the Fair Credit Reporting Act. 15 USC 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 USC 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, and XXXX are nonaffiliated third parties and are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' Per the Fair Credit Reporting Act, I am opting out of your reporting of this adverse information related to XXXX XXXX XXXX, and am requesting that the information be updated to reflect paid as agreed because it is illegal to report transaction history and the information being reported is considered income given that the item has been charged off. According to the IRS ( IRS PUBLICATION XXXX : Canceled Debts, Foreclosures, Repossessions, and Abandonments ), a charge off is a certificate of indebtedness and considered income in which case income can not be reported on a consumers credit report according to the Fair Credit Reporting Act. Also, 15 USC 1681a-2 ( i ) states : ( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Again, I, a federally protected consumer, am opting out of your reporting services regarding this adverse information related to the account ( pursuant to 15 USC 6802 and 12 CFR 1016.7 ). Please update this item to reflect paid as agreed.

Company response to consumer: Closed with explanation