Consumer complaint received 2025-03-20 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: TX

Complaint narrative:
XXXX  , XXXX. has violated The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ( b ) ) and the Privacy Act of 1974 ( 5 U.S.C. 552a ) by sharing my information with all major credit reporting companies.

Furthermore, the reporting of transaction history on a consumer report is prohibited under 15 U.S.C. 1681a. The continued reporting of this adverse item without my permission is unlawful.

The Fair Credit Reporting Act ( FCRA ) mandates written consent prior to adding information to a consumer report ( 15 U.S.C. 1681b ). Absent such consent, this constitutes a violation. Public Law 90-321 ( 82 Stat. 146 ) further restricts the permissible acquisition of consumer reports by agencies, limiting it to requests from the head of a State or local child support enforcement agency.

Additionally, the FCRA ( 15 U.S.C. 1681c ) prohibits consumer reporting agencies from reporting adverse information, excluding criminal convictions, that predates the report by more than XXXX years. Furnishing information to a consumer report without written consent may also be considered identity theft ( 12 CFR 1022.3 ).

I draw your attention to the civil liability for willful noncompliance outlined in 15 U.S.C. 1681 ( n ), which includes potential liability for actual damages or statutory damages between {$100.00} and {$1000.00} per violation.

The Fair Credit Reporting Act ( 15 U.S.C. 1681 section 602 ( a ) ) emphasizes the need for consumer reporting agencies to exercise their responsibilities with fairness, impartiality, and respect for consumer privacy. As consumer reporting agencies including but not limited to XXXX, XXXX and XXXX are obligated to protect my private information, a right further supported by 15 U.S.C. 6801, which establishes a financial institution 's ( XXXX XXXX XXXX ) affirmative duty to respect customer privacy and protect the security and confidentiality of nonpublic personal information. As a furnisher of information to credit agencies, XXXX XXXX XXXX is defined as a financial institution under this title. 
The FCRA ( 15 U.S.C. 1681 section 604 ( a ) ( 2 ) ) explicitly states that a consumer reporting agency may furnish a consumer report only in accordance with the consumer 's written instructions. No such written consent has been provided to XXXX, XXXX, XXXX, or XXXX , XXXX.. Any prior consent, whether verbal, non-verbal, written, implied, or otherwise, is hereby revoked.

Furthermore, 15 U.S.C. 6802 ( b ) ( c ) prohibits a financial institution from disclosing nonpublic personal information to nonaffiliated XXXX parties unless the consumer is provided with an explanation of how to exercise their nondisclosure option. I was never informed of this right by the furnisher of information.

Pursuant to 15 U.S.C. 1681s2 ( a ) ( 1 ) ( A ), a person shall not furnish information relating to a consumer to any consumer reporting agency if they know or have reasonable cause to believe the information is inaccurate. Additionally, 15 U.S.C. 1681e mandates that every consumer reporting agency maintain reasonable procedures to avoid violations of 15 U.S.C. 1681c and to limit the furnishing of consumer reports to the permissible purposes outlined in 15 U.S.C. 1681b. TransUnion, Equifax and Experian are demonstrably failing to maintain such reasonable procedures ; they have listed wrong physical addresses on my profile and wrong account balances.

Finally, in accordance with 12 CFR 1016.7, a consumer may exercise the right to opt out at any time. I am hereby formally opting out of the reporting services of all credit reporting agencies.

Company response to consumer: Closed with explanation