Consumer complaint received 2025-04-27 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:
CRITICAL FEDERAL VIOLATIONS REGULATION V, SENATE BILL 5480, HIPAA VIOLATIONS 2. Violation of CFPB Regulation V ( 12 CFR Part 1022 ) and Senate Bill 5480 ( 2025 ) : Effective XX/XX/year>, under sweeping changes to Regulation V ( 12 CFR Part 1022 ) and newly enacted Senate Bill 5480, any inaccurate, unverifiable, or misleading tradeline must be immediately deleted upon proper consumer dispute without delay, without evasion, and without arbitrary refusal. 

The specific federal mandates include : Upon receiving a direct dispute, credit reporting agencies must delete any account if the furnisher fails to provide verified, documentary evidence within 30 days. 
Furnishers and CRAs must validate every single reporting field ( e.g., balance, date opened, account type ) or else the ENTIRE tradeline must be deleted partial updates are no longer permissible under the new law. 
Failure to delete unverifiable or disputed accounts constitutes a willful violation punishable by heavy statutory fines and criminal penalties. 

Application to This Case : The Capital One Auto Finance account ( XXXX ) remains unverifiable and has already been removed by XXXX  and XXXX. 
XXXX refusal to delete is not only a violation of older FCRA obligations, but now constitutes a direct breach of Regulation V and Senate Bill 5480.

This triggers mandatory regulatory actions and exposes Equifax and Capital One Auto Finance to federal penalties and civil liability. 

Federal Law Quote for Emphasis : The following debt MUST be removed as per federal law since it relates to the Consumer Financial Protection Bureau ( CFPB ), Regulation V, Senate Bill 5480.

3. Medical Use Exception & HIPAA Privacy Violations : It must further be emphasized that this Capital One Auto Finance account was related to a necessary transportation vehicle used for ongoing medical purposes including, but not limited to, doctor visits, hospital transport, and critical healthcare needs.

As such : HIPAA ( Health Insurance Portability and Accountability Act ) protections extend to medical-related financial activities when reporting reveals medical conditions or treatment necessity.

Reporting an account related to medical transportation constitutes a de facto disclosure of protected health information ( PHI ) without express, specific consumer authorization.

Violation of HIPAA privacy standards creates civil liability, and federal enforcement can initiate additional penalties beyond FCRA fines.

Key Federal Violations : Unauthorized disclosure of private medical-related financial activity violates HIPAA 164.502 and 42 U.S.C. 1320d-6.

Publicizing any medical-purpose transaction without a signed HIPAA release constitutes a severe privacy breach.

Each day the information remains publicly available increases both civil and criminal exposure for the reporting entities.

IN SUMMARY : The Capital One Auto Finance tradeline is now legally required to be immediately and permanently deleted based on : Federal Regulation V ( 12 CFR 1022 ) requirements ; Senate Bill 5480 mandates ; HIPAA medical privacy laws ; Long-standing FCRA maximum accuracy requirements.

Failure to comply places Equifax and Capital One Auto Finance at serious risk of both civil litigation and federal regulatory sanctions including FTC investigations, CFPB enforcement actions, and potential criminal charges for ongoing willful noncompliance.

Company response to consumer: Closed with explanation