Date Received: 2024-01-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: CAPITAL ONE has flagged your account as Charged off as bad debt with XXXX, which may negatively impact your credit score based on XXXX data. Source : XXXX XXXX XXXX Company : CAPITAL ONE Address : XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX Activity : Charged off as bad debt Capital one bank is violation of multiple laws set forth by congress in regards to the following account XXXX 15 U.S.code 1681 A states that a consumer report does not include information solely as to transactions or experiences ( PAYMENT HISTORY, CHARGE OFF ) between the consumer ( myself ) and the person ( CAPITAL ONE BANK ) making the report Additionally,15 U.S.code s-2 ( a ) ( 1 ) ( A ) states that a person ( CAPITAL ONE BANK ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency if the person Knows or has reasonable cause to believe that the information is inaccurate ( CAPITAL ONE BANK ) can not collect on a discharged debt this is now considered a certificate of indebtedness per the IRS and income can not be reported The ins clearly defines a charge off as gross or ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT. I provided a screenshot shot from the its website by definition, the IRS Clearly says a Cancelled debt or charge off is income The reporting of this account is inaccurate. I never received a 1099C from ( CAPITAL ONE BANK ) where is my 1099C from ( CAPITAL ONE BANK ) Capital one bank clearly writing off debt with IRS without sending out 1099C as required by the IRS Clear violation of CAPITAL ONE terms and conditions they agreed not to share my information with non affiliates. 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. ( 5 ) Example. 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 may not require XXXX to opt out as well before implementing XXXX 's opt out direction. ( iii ) Permit 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. ( e ) 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. ( 1 ) 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. ( 2 ) 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, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] 313.8 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. 5 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 ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6804 - Rulemaking * U.S. Code * Notes prev|next ( a ) Regulatory authority ( 1 ) 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 7b2 of title 7. ( C ) Federal Trade Commissionauthority Notwithstanding the authority of the Bureau ofConsumerFinancial Protection under subparagraph ( A ), theFederal Trade Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to anyfinancial institutionthat is a person described in section 1029 ( a ) of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( 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. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) 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 National Association of Insurance Commissioners, 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 ). ( 2 ) 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 ( 6 ) of this subsection. ( 8 ) Under subtitle E of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5561et seq. ], by the Bureau ofConsumerFinancial Protection, in the case of anyfinancial institutionand other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards undersection 6801 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. 1681a ].
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: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I am now opting out of any and all authorization I the consumer have given you written and non-written, verbal and non-verbal per 15 USC 6802.
Company Response:
State: GA
Zip: 30291
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: In XXXX XXXX, two charges posted on my account in the amount {$1500.00}, totaling {$3100.00}. I disputed these charges through Capital One. XXXX XXXX challenged. Capital One sided with XXXX XXXX. The charges reposted to my account XX/XX/XXXX. On XX/XX/XXXX, XXXX XXXX sent me an email from their legal department where they conceded that I am owed a refund for the {$3100.00}. They promised to provide two refunds in the amount of {$1500.00}. I submitted this information to Capital One Dispute Department. I have currently received only ONE refund in the amount of {$1500.00}. Capital One refuses to provide me the remaining {$1500.00}, even though XXXX XXXX has agreed in writing I am entitled to a refund. Capital One 's refusal to provide a refund is unethical, illegal, and fraudulent. Capital One has tried to explain that it can not provide a credit but this makes ZERO sense because 1 ) they processed the other refund/credit and 2 ) XXXX XXXX is agreeing I am entitled to the refund. I am not trying to challenge the original Capital One determination - I am providing new evidence directly from the merchant stating I am entitled to two refunds, and Capital One has no basis to refuse to process it.
Company Response:
State: CA
Zip: 949XX
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: Capital One acct ending in XXXX is violating my rights as a consumer for this account is not my account XXXX XXXX XXXX. I have filed several complaints # XXXX # XXXX # XXXX on Capital one and has not verified that they have a contract agreement with my physical signature.This a violation of 18 U.S. Code 1341 - Frauds and XXXX I didn't give consent to this account for this isn't mine because there's proof of account is mines. For this also a violation of 12 U.S. Code 5531- Prohibiting unfair, deceptive, or abusive acts or practices. Under 15 USC 1681B therefore I didnt give consent to Capital One to report any certificate of indebtedness to report as income. They are reporting to the credit Bureaus without my consent. Also Capital One, XXXX, XXXX has been selling and trading my ( debt ) securities on the secondary market and profiting without compensation. This also a violation of 18 U.S.C. 1348 XXXX XXXX Securities and commodities fraud is a serious crime under federal law, punishable by a maximum imprisonment of 25 years, plus a fine. 18 U.S.C. 1349 confirms that an attempt or conspiracy to commit a violation of 18 U.S.C. 1348 will be punished in the same manner as a violation of Section 1348 itself. Also as for the inquiries I didn't give consent to the inquiries on my credit report to be reported
Company Response:
State: TN
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I am writing to dispute the accuracy of several unauthorized inquiries on my credit report, as provided by XXXX. After obtaining a copy of my report, I have identified the following inquiries that I believe are unauthorized and not attached to any of my accounts. Pursuant to the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S. Code 1681a, I request that you conduct an immediate investigation into these matters and remove these inquiries from my credit report. * Inquiry Details : * XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX * Explanation of Inaccuracy : * All of the listed inquiries are unauthorized and not associated with any accounts in my name. * Request for Immediate Investigation and Removal : * I request that XXXX immediately investigate the unauthorized inquiries listed above and remove them from my credit report. * Reference to FCRA - 15 U.S. Code 1681a : * I want to bring to your attention the FCRA, specifically 15 U.S. Code 1681a, which outlines definitions and rules of construction related to consumer reporting agencies. As per the FCRA, inaccurate and unauthorized information should be promptly investigated and corrected.
Company Response:
State: PA
Zip: 191XX
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-15
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On July 19ty, 2019 Capital One had a data breach and violated the Privacy Act of XXXX, 15 USC 6805 ( a ) Disclosure required 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, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution ; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title. ( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( XXXX ) from any provision of this section. ( XXXX ) Definitions For purposes of this subsection, the term XXXX means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. ( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. ( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( XXXX ) or ( XXXX ) of section XXXX of th is title or regulations prescribed under section XXXX ( b ) of this title, and ( XXXX ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( XXXX ) or ( XXXX ). ( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX VI, XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX ; Pub. XXXX XXXX, XXXX. G, title LXXV, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX of opt out notice to consumers ; opt out methods. ( a ) ( XXXX ) Form of opt out notice. If you are required to provide an opt out notice under XXXX ( 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 XXXX exercise the opt out right. ( XXXX ) 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 XXXX ( a ) ( XXXX ) and ( XXXX ) 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 XXXX 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 ) XXXX opt out means. You XXXX 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 XXXX provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with XXXX. ( 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 XXXX, 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. ( XXXX ) If XXXX or more consumers jointly obtain a financial product or service from you, you XXXX provide a single opt out notice, unless XXXX 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 ) ( XXXX ) ( ii ) of this section ). ( XXXX ) Any of the joint consumers XXXX exercise the right to opt out. You XXXX either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) XXXX each joint consumer to opt out separately. ( XXXX ) If you permit each joint consumer to opt out separately, you must permit XXXX of the joint consumers to opt out on behalf of all of the joint consumers. ( XXXX ) You XXXX 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 XXXX 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 ) XXXX right to opt out. A consumer XXXX 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 ) XXXX. When you are required to deliver an opt out notice by this section, you must deliver it according to XXXX. ( i ) Model privacy form. Pursuant to XXXX ( 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. [ XXXX FR XXXX, XX/XX/XXXX, as amended at XXXX FR XXXX, XXXX XXXX, XXXX ] XXXX XXXX XXXX Privacy of Consumer XXXX XXXX XXXX Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission XXXX, it is an unfair or deceptive act or practice within the meaning of section XXXX of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least XXXX point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least XXXX point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. [ XXXX FR XXXX, XXXX XXXX, XXXX ; XXXX FR XXXX, XXXX XXXX, XXXX ] XXXX XXXX XXXX Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of XXXX XXXX part XXXX with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor XXXX permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan XXXX provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. [ XXXX FR XXXX, XXXX. XXXX, XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ] XXXX CFR XXXX or deceptive acts or practices. In connection with the sale or offering for sale by retail food stores of food, grocery products or other merchandise to consumers in or affecting commerce as commerce is defined in section XXXX of the Federal Trade Commission XXXX, XXXX XXXX. XXXX, it is an unfair or deceptive act or practice in violation of section XXXX ( a ) ( XXXX ) of the Federal Trade Commission XXXX, XXXX XXXX. XXXX ( a ) ( XXXX ), to offer any such products for sale at a stated price, by means of an advertisement disseminated in an area served by any stores which are covered by the advertisement, if those stores do not have the advertised products in stock and readily available to customers during the effective period of the advertisement, unless the advertisement clearly and adequately discloses that supplies of the advertised products are limited or the advertised products are available only at some outlets. [ XXXX FR XXXX, XXXX XXXX, XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ]
Company Response:
State: NJ
Zip: 07111
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: My account was flagged as 30 day late back in XXXX of XXXX however this is my 2nd complaint to cfpb not only did the company illegally report the late payment but no correspondence was sent to me by telephone nor by email I was also recently told that per the customer agreement that the company can report late payment but I never received a copy of the customer agreement until I filed a report along with me requesting proof of correspondence letting me know my payment was due I have been a customer with capital one for 3 years and have never missed a payment and since they flagged my account with an inaccurate late payment all payments have been made on time. Capital One Walmart XXXX Showing late XX/XX/ XXXX XXXX
Company Response:
State: TX
Zip: 77072
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Fees or interest
Subissue: Charged too much interest
Consumer Complaint: For the last XXXX years, the company has been charging me interest on cash advances. However, I have never received cash advances. The company claims that vendors sometimes inputs purchases as cash advances to expedite transaction. Resulting in cash advances being reflected in my account that were actually purchases. If that's the case, this is an issue that should be immediately addressed by the credit card XXXX. The company is fraudulently charging interest that they are not entitled to. If this is happening in my account, it's probably systemic in every customer account.
Company Response:
State: NY
Zip: 11233
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-16
Issue: Struggling to pay your bill
Subissue: Credit card company won't work with you while you're going through financial hardship
Consumer Complaint: Please help me. I am XXXX XXXX XXXX and no longer able to work to take care of myself properly. XXXX XXXX caused me to leave workforce. I could not afford to take care of myself because of not being able to work. I explained to them the situation that had occurred. I could no longer make timely payments on this account. Their solution would have been to miss a couple of months and go back to payments between of about XXXX XXXX a month.
Company Response:
State: LA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: This is an account that I got delinquent on in XX/XX/2017. The account was closed and the balance paid off. At this current moment I dont have any credit and most of the credit that I owed I paid off only to discover these paid accounts are hinder me from overcoming my current situation I am deal with for over 2 years homelessness with a XXXX XXXX XXXX XXXX
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A