Date Received: 2023-08-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602a section ( 4 ) 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 is a consumer reporting agency, and I am the consumer. Part I 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( A ) Reporting information with actual knowledge of errors 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. ( 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. 1 ) It was shared that the below addresses are non-mailable and need to be removed immediately. XXXX XXXXXXXX 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 XXXXXXXX XXXX ) It was shared that the below name is not accurate. XXXX XXXX XXXX Once XXXX, CapitalOne, and XXXX, have been notified of the inaccurate information, they must immediately stop reporting that information until proof that it is valid. Please provide the same proof required of the consumer ( Bank statement, contract, identification etc. ) confirming the above addresses/name are valid. Part II 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX, Capital One, has violated the exclusions by reporting the below transactions. Capital One Account number ending in XXXX Showing XXXX transactions reported ( page XXXX ) XXXX Account ending in XXXX Showing XXXX XXXX reported ( page XXXX ) Part XXXX 20 U.S. Code 1232g - Family educational and privacy rights The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974, that protects the privacy of students education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. XXXX and XXXX/Dept of ED are showing in the credit report ( pages XXXX ) Part IV 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. XXXX and XXXX XXXX XXXX and Capital One have violated this agreement by providing derogatory marks. XXXX XXXX XXXX ( page XXXX ) Capital One ( page XXXX ) Part V Department of the Treasury , Internal Revenue Services Publication XXXX XXXX XXXX No. 5108F Canceled Debts, Foreclosure, Repossessions, and Abandonments. Certificate of Indebtedness, and income can not be documented on the credit report. XXXX and Capital One violated by posting a charge-off ( Page XXXX ) Part VI 15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. XXXX, Capital One, XXXX and XXXX XXXX XXXX by violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. Part VII 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure There are 91 individual violations that were violated after written notification was mailed. Failure to comply with the requirements imposed under The Fair Credit Reporting Act, is a total of {$91000.00} of the {$1000.00} per violation for actual damages sustained.
Company Response:
State: FL
Zip: 33606
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Problem caused by your funds being low
Subissue: Bounced checks or returned payments
Consumer Complaint: I was charged arbitrarily and discriminatorily by XXXX starting from XX/XX/2023 all the way to the XXXX of XX/XX/2023 first to the tune of an incorrect amount on both me and the Capital One representatives part of about {$40.00} and then a charge on the XXXX of XXXX a charge of 3 large traveling bags from a store called XXXX XXXX XXXX XXXX for {$52.00}. On XX/XX/2023 I called to rectify the situation after the initial amount of both transaction coming to {$93.00} was initial credited to my account then debited back into my account as a reversal. Upon going over the initial dispute amount the dispute charge amount was changed to {$77.00}. The main issue is the reversal caused my account that was a few cents in the green turned into - {$93.00} causing a deposit from XXXX data breach of {$61.00} to get sucked up. At the reopening of the reversed XXXX $ case the adjusted amount was {$77.00} with them stating there will be no issuing of refunds of {$61.00} deposited into my account by XXXX and posted on XX/XX/2023. Please I would like a rectification of this situation with a positive outcome. Thank you.
Company Response:
State: MD
Zip: 21208
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: First of all my previous complaint which is directly related to this complaint is : COMPLAINT ID XXXX If you'd kindly look at my previous complaint that your organization greatly helped me with, it will shed light on this complaint. I did finally receive my payment of {$370.00} from XXXX which they have been holding since XXXX of last year. The {$370.00} should have been transferred directly to the Captial One Account since they assumed the XXXX Account that I've had for many years... they did not. Many times throughout the past 8 months I have contacted Captial Bank to have the late fees and interest removed. Captial Bank graciously removed the late fees and interest to afford me more time to work with XXXX who said they would send me the check and did not. After finally receiving the check dated XX/XX/XXXX for {$370.00} from XXXX, I immediately cashed it. Today I called Captial Bank to finally pay off my bill that I actually paid 8 months ago and move forward. After talking to Capital Bank 's Account Manager, she refused to once again eliminate the late fee charge of {$39.00} with my condition that I would immediately pay the balance of {$370.00}. Again, she refused even though they had removed the fees in the past. Included in my complaint will be a photograph of the check I received on XX/XX/. Please help me remove the {$39.00}. I pay all of my bills on time if not early and I am in awe of how the credit card companies do so little to help you when it is their mistake.
Company Response:
State: OH
Zip: 44012
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting act XXXX Account XXXX XXXXXXXX, has violated my rights. 15 USC 1681 Section 602 States I have the right to privacy. 15 USC 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card account under aXXXX open end consumer credit plan as late for any purpose.
Company Response:
State: WI
Zip: 53208
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Managing an account
Subissue: Cashing a check
Consumer Complaint: I cashed a check in my son 's name and his university to my account to pay tuition for college. The Check has been held by Capital One since XX/XX/2023. The funds are still unavailable and have not been returned to my parent 's account as requested. Also, the use of the checking accounts ( 3 ) by myself and my children is locked. My son is unable to use {$520.00} which is unrelated to the check.
Company Response:
State: IA
Zip: 510XX
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: Paid my Capital One cc bill on XX/XX/23. Called Capital One to see if they have received the payment, They verified that they did then put a 5 day hold on the available credit soni cant use my card. Requested they remove the hold and was denied.
Company Response:
State: TX
Zip: 755XX
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Problem with a company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: XXXX XXXX says Capital One Auto Finance did an investigation on an car loan inquiry on my XXXX XXXX Credit Report.that resulted that there was fraud involved. I am being told by XXXX XXXX that I have the right to the investigation documents that show the details and names on the documents. I have attached letter form XXXX XXXX.
Company Response:
State: CA
Zip: 92346
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Managing an account
Subissue: Problem making or receiving payments
Consumer Complaint: My XXXX account was linked to them before, it is a working account and in good standing, capital one keeps removing them from my account and I can not make any transfers from my XXXX bank to my capital one money market account.
Company Response:
State: NJ
Zip: 08648
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the consumer. I have the right to make sure my private information is not being shared which is backed by 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. '' 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. '' ( Furnisher of information to credit agencies ) 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. Any and all consent to XXXX and XXXX ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( 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 U.S. Code 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 and XXXX are not maintaining reasonable procedures. Also, 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: FL
Zip: 33328
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-25
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: I recieved a credit card with a {$600.00} credit limit through the mail early XXXX. A week later I noticed in my credit report that I had a balance of {$29.00} dollars. I called the company ( Kohls ) and stated that I have never opened an account there, nor do I shop at any of their stores. Apparently the account was opened in a mall in Connecticut. I told them that I dont live in Connecticut and never visited that state. The bill statement they sent out shows my middle name and last name. I never use my middle name to open credit accounts. The CC shows my middle name and last name as well.
Company Response:
State: TX
Zip: 79928
Submitted Via: Web
Date Sent: 2023-08-25
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A