Consumer complaint received 2025-01-14 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: MS

Complaint narrative:
I have recently acquired a copy of my consumer credit reports and have noticed some details in which I am in disbelief of. My rights and privacy have been violated on each report per the Privacy Act of 1974, I hereby notify the Consumer Finance Protection Bureau that XXXX, XXXX, and XXXX are all in violation of my right to privacy for furnishing my nonpublic private records. For I have not provided either agency any written consent for such records to be furnished on my behalf. In accordance with the Fair Credit Reporting Act ( FCRA ) 15 USC 1681 ( b ) Permissible purposes of consumer reports : This section outlines the specific purposes for which credit reporting agencies may legally disclose a consumer 's credit information. Also, 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. '' To my knowledge, XXXX, XXXX, and XXXX are consumer reporting agencies and I, XXXX XXXX, am the Consumer. Exercising, 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. '' Capital One Financial Corporation and XXXX XXXX are financial institutions by definition under that title and I have the right to make sure my private information isn't shared. 15 USC 1681 section 604 ( a ) ( 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 Financial Corporation and XXXX XXXX are the financial institutions, 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 or permission. Any and all consent to XXXX, XXXX, XXXX, XXXX XXXX  or Capital One Financial Corporation whether it be verbal, non-verbal, written, implied or otherwise is revoked. 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. '' Capital One Financial Corporation nor 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 seven years. '' These accounts are an adverse item they are reporting again without my permission which is against the law. 15 USC 1681s - 2 ( 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 not maintaining reasonable procedures. Per 15 USC 1666 ( a ) ( b ) Reporting ADVERSE credit ratings or standings on my credit report, Timing of Payment the credit reporting agencies can not report utilization to any 3rd party. XXXX, XXXX, and XXXX are all reporting utilization which is wrong. In addition, a closed account and charged off account can not report any past due balances. Per 31 CFR 903.5 AND 31 USC 3711. Also, a charged off account is considered income and a Certificate of Indebtedness according to the IRS Publication. Once a debt is charged off ( XXXXXXXX XXXX acct ) by the creditor Capital One Financial Corporation is supposed to provide me a 1099c, which is to be filed on my taxes because it is a Certificate of Indebtedness. Income that I claim on my taxes can not be reported to my credit report. DELETE IMMEDIATELY ( XXXX XXXX acct ). The credit reporting agencies are not to report income on my credit report Furthermore, according to 15 USC 1681 ( a ) ( 2 ) ( I ) XXXX, XXXX, XXXX, XXXXXXXX XXXX, and Capital One Financial Corporation are in violation due to furnishing consumer reports that contain information solely as to transactions and experiences between the consumer and person making the report which are confirmed by the records/accounts mentioned above. For such actions undermines the integrity of the banking system as the opinions of consumer agencies will greatly impact consumer 's credit worthiness and overall character. For doing such, this stifles the voice of the consumer which results in an imbalanced banking system which will be led by biased opinions of unauthorized records produced by the consumer reporting agencies. Due to the fact that neither XXXX, XXXX, XXXX, XXXX XXXX or Capital One Financial Corporation can provide proof that I provided written consent to furnish the highlighted items within the attachment, according to 15 USC 1681 of the Civil Liability for willful noncompliance, I am entitled to not more than { {$1000.00} }. Because the reporting of each item found on my consumer report was continual and took place month after month, the damage is concurrent in accordance with the law, whereas this would be deemed not more than { {$1000.00} } per violation. In accordance with 12 CFR 1016.1 - Purpose and Scope ( a ) ( 1 ) ( 2 ) ( 3 ) I was never provided the mandated opt-out form by these companies to uphold my right to privacy which is in violation of my privacy rights as a citizen of the United States . I hereby exercise my right to opt out in accordance with 12 CFR 1016.7. In relations to the 12 CFR 1002.2 ( a ) ( f ) ( h ) ( j ) ( k ) ( q ) ( r ) ( w ) ( x ) Account means an extension of credit. When employed in relation to an account, the word use refers only to open-end credit. Application means an oral or written request for an extension of credit that is made in accordance with procedures used by a creditor for the type of credit requested. The term application does not include the use of an account or line of credit to obtain an amount of credit that is within a previously established credit limit. A completed application means an application in connection with which a creditor has received all the information that the creditor regularly obtains and considers in evaluating applications for the amount and type of credit requested ( including, but not limited to, credit reports, any additional information requested from the applicant, and any approvals or reports by governmental agencies or other persons that are necessary to guarantee, insure, or provide security for the credit or collateral ). The creditor shall exercise reasonable diligence in obtaining such information. Consumer credit refers to credit extended to a natural person primarily for personal, family, or household purposes. Credit means the right granted by a creditor to an applicant to defer payment of a debt, incur debt and defer its payment, or purchase property or services and defer payment therefor. A credit card is ANY card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. Extend credit and extension of credit mean the granting of credit in any form ( including, but not limited to, credit granted in addition to ANY existing credit or credit limit ; credit granted pursuant to an OPEN-END CREDIT PLAN ; the refinancing or other renewal of credit, including the issuance of a new credit card in place of an expiring credit card or in substitution for an existing credit card ; the consolidation of two or more obligations ; or the continuance of existing credit without any special effort to collect at or after maturity ). Good faith means honesty in fact in the conduct or transaction. OPEN END CREDIT means credit extended under a plan in which a creditor may permit an applicant to make purchases or obtain loans from time to time directly from the creditor or indirectly by use of a credit card, check, or other device. Person means a natural person, corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association. Per the Banking Act of 1933, " Account '' means a right to payment of a monetary obligation, whether or not earned by performance, ( vii ) arising out of the use of a credit or charge card or information contained on or for use with the card.

Company response to consumer: Closed with non-monetary relief