Consumer complaint received 2025-01-01 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: NE

Complaint narrative:
Details of Complaint : I am filing this complaint against XXXX, XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXXXXXX for violations of the Fair Credit Reporting Act ( FCRA ) and related privacy laws. Below are the details of the issues and corresponding legal violations : Unauthorized Access and Fraudulent Application by Capital One NA : XXXX provided written notice admitting that Capital One NA obtained my credit report in relation to a fraudulent application. I never authorized this inquiry, nor did I provide written consent for Capital One NA to access my credit report. This unauthorized action violates the following : 15 USC 1681 ( a ) ( 2 ) : A consumer reporting agency may only furnish a consumer report " in accordance with the written instructions of the consumer to whom it relates. '' 15 USC 1681s-2 ( a ) ( 1 ) ( A ) : A person may not furnish information to a consumer reporting agency if they know or have reasonable cause to believe the information is inaccurate.

Deletion of Items Related to Capital One NA and XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX deleted a subscriber inquiry that was displayed on both the regular and account review inquiries on my credit report. This inquiry was the exact inquiry XXXX notified me that was obtained from my credit report in what was deemed a fraudulent application after I submitted a dispute. XXXX also deleted XXXX accounts under the name XXXX XXXXXXXX XXXX XXXX XXXXXXXX after I submitted the same dispute. These items were deleted because they were inaccurate or unverifiable, further demonstrating that XXXX failed to maintain reasonable procedures to ensure the accuracy of consumer reports as required under 15 USC 1681e ( a ) : " 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. '' Violation of Privacy Rights : XXXX, as a consumer reporting agency, failed to protect my privacy and allowed unauthorized access to my credit report and personal information. This contravenes : 15 USC 1681 section 602 ( a ) ( 4 ) : " 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. '' 15 USC 6801 ( a ) : " It is the policy of 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. '' Failure to Notify and Obtain Consent : Capital One NA, XXXX, and XXXX XXXXXXXX XXXX XXXX XXXXXXXX failed to obtain my explicit written consent for the access and sharing of my credit report, as required by : 15 USC 6802 ( b ) ( 1 ) ( C ) : " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' 12 CFR 1016.7 ( a ) : " A consumer may exercise the right to opt-out at any time. '' Adverse Reporting Beyond Legal Limits : XXXX included adverse items that are either unverifiable or beyond the permissible reporting timeframe in violation of 15 USC 1681c ( a ) ( 5 ) : " No consumer reporting agency may make any consumer report containing adverse information that antedates the report by more than seven years. '' Monetary Penalty for Each Violation : As stated under 15 USC 1681n ( a ) ( 1 ) ( A ) : " Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} for each such violation. '' Based on this statute, I am entitled to {$1000.00} per violation. 

Requested Resolution : XXXX must conduct a thorough review of their procedures to ensure compliance with the FCRA and privacy laws. 
Capital One NA and XXXX XXXX XXXX  XXXX XXXX must be held accountable for their unauthorized and unlawful actions, including the fraudulent application and access to my credit report. 
XXXX must permanently cease any unauthorized reporting or sharing of my personal information without my explicit written consent. 
XXXX must compensate me for five violations totaling {$5000.00} : {$1000.00} for the fraudulent application, {$1000.00} for each of the two deleted items related to Capital One NA, and {$1000.00} for each of the XXXX deleted items related to XXXXXXXX XXXX XXXX XXXX XXXX 
Provide me with a full accounting of all actions taken as a result of this complaint and ensure no further violations occur. 

Conclusion : The actions and inactions of XXXX, Capital One NA, and XXXXXXXX XXXX XXXX XXXX XXXXXXXX demonstrate a disregard for federal laws designed to protect consumers. I respectfully request the Consumer Financial Protection Bureau to investigate these violations and ensure corrective measures are implemented. I will enclose the credit report from XXXX verifying the items were on my credit report, the letter from XXXX notifying me of the fraudulent application by Capital One NA, the letter from XXXX confirming their deletion of the XXXX items, and an invoice of {$5000.00} to XXXX for the statutory damages.

Company response to consumer: Closed with explanation