Date Received: 2024-01-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Capital one is reporting my usage which is classified as transaction history Clear violation of CAPITAL ONE terms and conditions they agreed not to share my information with non affiliates. XXXX XXXX, XXXX, and XXXX & not an affiliate of ( CAPITAL ONE BANK ) nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 313.7 Form of opt out notice to consumers ; opt out methods. ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer. ( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4. ( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically. ( d ) Joint relationships. ( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ). ( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately. ( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers. ( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. ( XXXX ) XXXX. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. ( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you XXXX not require XXXX to opt out as well before implementing XXXX 's opt out direction. ( iii ) XXXX XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you XXXX only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. ( XXXX ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( XXXX ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( XXXX ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. ( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677, XX/XX/XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ] XXXX Revised privacy notices. ( a ) General rule. Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under 313.4, unless : ( 1 ) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices ; ( 2 ) You have provided to the consumer a new opt out notice ; ( 3 ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( 4 ) the consumer does not opt out. ( b ) Examples ( 1 ) Except as otherwise permitted by 313.13, 313.14, and 313.15, you must provide a revised notice before you : ( i ) Disclose a new category of nonpublic personal information to any nonaffiliated third party ; ( ii ) Disclose nonpublic personal information to a new category of nonaffiliated third party; or ( iii ) Disclose nonpublic personal information about a former customer to a nonaffiliated third party if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure. ( 2 ) A revised notice is not required if you disclose nonpublic personal information to a new nonaffiliated third party that you adequately described in your prior notice. ( c ) Delivery. When you are required to deliver a revised privacy notice by this section, you must deliver it according to 313.9. 15 usc 6802 obligations with respect to disclosure of personal information ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 15 usc 6803 Disclosure of institution privacy -At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title 15 U.S. Code 6801 - Protection of nonpublic personal information * U.S. Code * Notes prev |next ( a ) Privacy obligation policy It is the policy of theCongressthat eachfinancial institutionhas an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described insection 6805 ( a ) of this title, other than the Bureau ofConsumerFinancial Protection, shall establish appropriate standards for thefinancial institutionssubject to their jurisdiction relating to administrative, technical, and physical safeguards ( XXXX ) to insure the security and confidentiality of customer records and information ; ( XXXX ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( XXXX ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. XXXX XXXX Code XXXX - Rulemaking * XXXX Code * Notes prev|next ( a ) Regulatory authority ( XXXX ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau ofConsumerFinancial Protection and theSecurities and Exchange Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect tofinancial institutionsand other persons subject to their respective jurisdiction undersection 6805 of this title ( and notwithstanding subtitle B of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5511et seq. ] ), except that the Bureau ofConsumerFinancial Protection shall not have authority to prescribe regulations with respect to the standards undersection 6801 of this title. ( B ) CFTC TheCommodity Futures Trading Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect tofinancial institutionsand other persons subject to the jurisdiction of theCommodity Futures Trading Commissionundersection XXXX of title XXXX. ( C ) Federal Trade Commissionauthority Notwithstanding the authority of the XXXX ofConsumerFinancial Protection under subparagraph ( A ), theFederal Trade Commissionshall have authority to prescribe such regulations as XXXX be necessary to carry out the purposes of this subchapter with respect to anyfinancial institutionthat is a person described in section XXXX ( a ) of XXXX XXXX XXXX XXXX of XXXX [ XXXX XXXX. XXXX ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of aState insurance authorityto adopt regulations to carry out this subchapter. ( XXXX ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( XXXX ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) ofsection 6802 of this titleas are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement * U.S. Code * Notes prev|next ( a ) In general Subject to subtitle B of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5511et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau ofConsumerFinancial Protection, theFederal functional regulators, the State insurance authorities, and theFederal Trade Commissionwith respect tofinancial institutionsand other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Undersection 1818 of title 12, by the appropriateFederal banking agency, as defined insection 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of theFederal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of theFederal Reserve Act [ 12 U.S.C. 601et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by theFederal Deposit Insurance Corporation ( other than members of theFederal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by theFederal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( XXXX ) Under theFederal Credit Union Act [ 12 U.S.C. 1751et seq. ], by the Board of theNational Credit Union Administrationwith respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under theSecurities Exchange Act of 1934 [ 15 U.S.C. 78aet seq. ], by theSecurities and Exchange Commissionwith respect to any broker or dealer. ( 4 ) Under theInvestment Company Act of 1940 [ 15 U.S.C. 80a1et seq. ], by theSecurities and Exchange Commissionwith respect to investment companies. ( 5 ) Under theInvestment Advisers Act of 1940 [ 15 U.S.C. 80b1et seq. ], by theSecurities and Exchange Commissionwith respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicableState insurance authorityof the State in which the person is domiciled, subject tosection 6701 of this title. ( 7 ) Under theFederal Trade Commission Act [ 15 U.S.C. 41et seq. ], by theFederal Trade Commissionfor any otherfinancial institutionor other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( XXXX ) of this subsection. ( XXXX ) Under subtitle XXXX of XXXX XXXX XXXX XXXX of XXXX [ XXXX XXXX. XXXX seq. ], by the XXXX XXXX XXXX, in the case of anyfinancial institutionand other covered person or service provider that is subject to the jurisdiction of the XXXX and any person subject to this subchapter, but not with respect to the standards undersection XXXX of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau ofConsumerFinancial Protection, shall implement the standards prescribed undersection 6801 ( b ) of this titlein the same manner, to the extent practicable, as standards prescribed pursuant tosection 1831p1 ( a ) of title 12are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed undersection 6801 ( b ) of this titleby rule with respect to thefinancial institutionsand other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If aState insurance authorityfails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant tosection 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by aFederal banking agencyundersection 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined insection 1813 ( s ) of title 12shall have the same meaning as given insection 3101 of title 12. 15 U.S. Code 6806 - Relation to other provisions * U.S. Code * Notes prev|next Except for the amendments made by subsections ( a ) and ( b ), nothing in this chapter shall be construed to modify, limit, or supersede the operation of theFair Credit Reporting Act [ 15 U.S.C. 1681et seq. ], and no inference shall be drawn on the basis of the provisions of this chapter regarding whether information is transaction or experience information under section 603 of such Act [ 15 U.S.C. 1681XXXX ].
Company Response:
State: CA
Zip: 91356
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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. '' KOHLS/CAPONE, the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorization that I, the consumer, may have given you that was written, unwritten, verbal, or nonverbal per 15 USC 6802. Any and all consent to XXXX, XXXX, KOHLS/CAPONE whether it be verbal, non-verbal, written, implied or otherwise is revoked. According to 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: CT
Zip: 06492
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Trouble using your card
Subissue: Can't use card to make purchases
Consumer Complaint: On XX/XX/XXXX. I received information regarding a claim for out of pocket expenses traced to the Capital One Data Breach. My record was located by the settlement administrator. The out of pocket expenses occurred beginning with a claim I filed in XXXX with the CFPB regarding a car loan from Capital One. I did not receive out of pocket expenses and instead the car was charged off and still remains on my credit report due to the Capital One Data Breach. In XXXX of XXXX, I applied for a Capital One Credit Card and was given a {$300.00} Credit Limit. I was mailed the card and the auto loan was connected to the account. I was asked to send my ID via a text and a email. I was told they could not confirm my identity after three weeks of contacts from Capital One representatives in XXXX and other countries. I asked because the representatives asking me to text an email my Id to me seemed as if they were phishing and also had access to my account information including DL information. I was told my account was closed in the similar fashion I was given information about the charge off of my car loan after contacting the CFPB. Capital One has not reconciled the charge off or addressed the information disclosed from the breach, nor have they addressed why a credit line of {$300.00} was issued along with a credit card, and then the account closed. Capital One has access to my current DL information, address and social security number. The reason I applied for the credit card is because I received a pre-qualification email that stated I could apply without a credit check hitting my credit report. Because my personal information was breached through Capital One, I received a notice from XXXX stating that I had until XX/XX/XXXX to address any other cost related to time spent, account closures, credit and account closures etc. I am filing a claim with CFPB and will also file a claim with XXXX since I did not receive out of cost expenses from Capital One. My credit score has been impacted as well as the implication of fraud ( not being able to confirm my ID ), also the physical loss of a line of credit and the possibility that more Id theft has occurred due to Capital One Representatives requesting multiple times my ID while my account was open. There is also an issue with Capital One causing restrictions to my account before they closed by restricting my phone number. I have had to file a police report and escalate the matter to risk management of my phone carrier XXXX. All of this has created a trickle down effect and has left my personal information vulnerable for Id theft.
Company Response:
State: CA
Zip: 94533
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: After viewing a copy of my report, I noticed a collection account placed on my credit report from CAPITAL ONE XX/XX/2023 in the amount of XXXX ( THIS ACCOUNT HAS BEEN PAID OFF ). First and foremost, I have confirmed that the debt collector, CAPITAL ONE is not licensed in the state of Louisiana to collect on this debt. Secondly, CAPITAL ONE, violated FDCPA rules and regulations when they failed to send me a written debt validation notice including the amount of the debt, name of the creditor, and notice of the consumer 's right to dispute the debt within 30 days. Third, what obligation do I have at all to CAPITAL ONE? I have never heard of them, have no written contract with them and have never received any benefits from them, yet CAPITAL ONE has submitted negative information to all three credit reporting agencies ( XXXX, XXXX, and XXXX ) against my name and social security number and is demanding payment from me in the amount of {$310.00}. PAID IN FULL!
Company Response:
State: LA
Zip: 711XX
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: Upon checking my credit report I seen some unfamiliar inquiries on my report I went into further investigation and they were unauthorized, wasnt me.
Company Response:
State: FL
Zip: 33414
Submitted Via: Web
Date Sent: 2024-01-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Capital one has refused to comply with Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : XXXX. Refused to validate, XXXX days have passed. No response but still falsely reporting on my credit. I owe capital one no money and have no credit card accounts,
Company Response:
State: MD
Zip: 21217
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Struggling to pay your loan
Subissue: Denied request to lower payments
Consumer Complaint: Capitol One Auto has been harassing me for months about paying back car loan. I have told them many times that I am working with a reduced income and could not afford the high car note of $ XXXXXXXX at one time. I have offered to pay down the loan weekly by breaking up the monthly payments into smaller manageable ones and to be paid with my bank card instead of my checking account. That way they would receive their money immediately instead of risking not receiving through my checking account which I already have several auto-pays that are hard to keep up with. I didn't need another one, This was not acceptable as they would rather risk not receiving money through my checking account which in turns increases the risk of being able to add return and late fees to my account. Which has been happening. Not only will they not allow me to pay with my debit card through their bank app, but they also want full payment and if I want to pay with my bank card then I would have to call into their call center and deal with long wait times to complete the transaction. This is stupid as I pay my credit cards with them with my bank card without any long wait times or issues. Had they allowed me to make several {$100.00} payments during the week with my bank card through their bank app this account would have been caught up months ago. However, that is not the case here. They would rather threaten me with repossession, harass me with multiple daily calls ( including Sundays which I thought was not allowed ) and rack up bank fees in lieu of getting their money immediately, several times a week by simply allowing me to pay with my bank card through their bank app like I do with my credit card with them. Which by the way are paid on time every single month.
Company Response:
State: MD
Zip: 20770
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This creditor engaged in XXXX XXXX, and XXXX practices of the XXXX which it prohibits. According to 15 USC 1666b it is a XXXX error I did not receive a statement XXXX days before the late XXXX error. If XXXX charge included, there should be no late payments pursuant 15 USC 1605 ( a ) due to XXXX charge bring sum of all charges so I can not be penalized for something that is already paid in full.
Company Response:
State: NJ
Zip: 07753
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Getting a loan or lease
Subissue: Credit denial
Consumer Complaint: Capital One on XX/XX/XXXX of XXXX has denied me an auto loan and access to my open ended credit plan pursuant to 15 U.S. Code 1602 ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter. My application/promissory note and or security gave consideration and secured payment, which now was stolen by Capital One and has been recorded as a book entry with the Treasury for their own personal gain. I received no benefit for providing my security to XXXX XXXX and no remedy to solve this matter. This is SECURITIES FRAUD which also violates their agreement with the SEC pursuant to Securities Exchange Act of 1934 and 240.10b-5 Employment of manipulative and deceptive devices. It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange, ( a ) To employ any device, scheme, or artifice to defraud, ( b ) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or ( c ) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security.
Company Response:
State: NY
Zip: 14624
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: My name is XXXX XXXX XXXX XXXX not a third party company I am sending this complaint without assistance from any one. I noticed that Capital one has been reporting Account name CAPITAL ONE Date opened XXXX a CHARGED OFF account with a {$2200.00} balance. I don't recognize how this account is reporting on my credit report. I don't recognize the account number, the account status, the payment amount or payment terms, the account high balance nor to I recognize the late payments. This account is not mine. I did not receive a 1099c form when it account went into a charged off status nor was I given the option to opt out of having personal information shared with third party companies. I did not authorize any of this nor did I consent for this company to access my credit file. This debt collector has not provided me proper debt validation for this debt. Please delete this from my report.
Company Response:
State: FL
Zip: 33161
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A