Consumer complaint received 2025-01-25 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:
According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure 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 consumer reporting agencies, and I am the Consumer. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person making the report which in this case is CAPITAL ONE BANK USA NA. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( CAPITAL ONE BANK USA NA ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate & a violation of the Privacy Act of XXXX. CAPITAL ONE BANK USA NA can not collect on a discharged debt ( charged off ). Per IRS Publication 4681 ( 2024 ) under 1. Canceled Debts, a charge off is considered a certificate of indebtedness which is considered income. The IRS Clearly defines a charge off as Gross or Ordinary income. Income can not be reported on a consumer report. The reporting of this account as a debt is inaccurate. I never received a 1099-C from CAPITAL ONE BANK USA NA for the cancellation of debt in order to file as ordinary income. Per 15 U.S. Code 1681a -Definitions ; rules of construction ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. ( 2 ) Exclusions- ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. This account ( XXXX ) has been reporting to my consumer report since XXXX of XXXX. Per 15 USC 1681 section 604 a section 2 states that " 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. '' CAPITAL ONE BANK USA NA 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 CAPITAL ONE BANK USA NA whether it be verbal, non-verbal, written, implied or otherwise is revoked.

Company response to consumer: Closed with explanation