Date Received: 2023-12-29
Issue: Struggling to pay your bill
Subissue: Credit card company won't work with you while you're going through financial hardship
Consumer Complaint: A combination of XXXX and XXXX has caused a hardship for my family, my income has been greatly reduced and we can no longer afford the payment. I asked for assistance, at first they asked me to pay XXXXXXXX XXXX XXXX XXXX times the minimum and called it a " program to assist me ''. After several calls I spoke with a " senior account manager '' who offered to waive late payment fees for the next few months. When I asked for " real hardship assistance '' they declined. I explained that I may be facing bankruptcy if we can't find a better solution, offered to sell my vehicle to pay a reduced settlement, they declined. I asked if they could possibly just write it off, they said that the account would have to be XXXX or more days past due and in default before we could discuss a write-off. I asked to speak to someone with more authority to make this type of decision and was told that there was no one with more authority and no other department. I really hope someone reads this who can help us, CapitalOne has been almost no help at all.
Company Response:
State: TX
Zip: 780XX
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 a respect for the consumers right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the Consumer. Being the consumer, I have the right and responsibility to ensure my private information is not shared without my consent which is supported 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 '' ; Capital One, XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX and XXXX XXXX are financial institutions by definition under that title. 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 '' ; The financial institutions Capital One, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX and XXXX XXXX and the Consumer reporting agencies namely XXXX, XXXX and XXXX DO NOT have neither my consent or my written consent to furnish this information. Any and all consent to XXXX, XXXX, XXXX, Capital One, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is hereby 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. '' The financial institutions listed never informed me of my right to exercise my nondisclosure option. Not only was I never informed of my rights, 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information, any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' These accounts are adverse items these financial institutions are reporting, again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) 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 " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. I would like to take this opportunity to state my right, '' I AM OPTING OUT OF YOUR REPORTING SERVICES. Capital One, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, and XXXX have all knowingly and willfully violated my rights by reporting, sharing and improperly using my credit information without my consent. I have sustained damages as a result of their failure to follow the law and Fair Reporting Credit Act.
Company Response:
State: AL
Zip: 35160
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Report provided to employer without your written authorization
Consumer Complaint: IN accordance with the fair credit reporting act this creditor has violated my rights under 15 USC1681 section 602, states I have the right to privacy. 15 USC 1681 SECTION 604A section 2 it also states a consumer reporting agency can not furnish an account without my written instructions. Under 15 USCS 1666 a creditor may not treat a payment account on a credit card account under an open end consumer credit plan as late for any purpose.
Company Response:
State: NJ
Zip: 07108
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
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 insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a 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 isn't 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. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 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, 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: AL
Zip: 350XX
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: Been a capital one customer for a year, opened a second credit card, established auto pay, they did not apply it, I went in and paid it directly on the XXXX, the put a system generated hold until XX/XX/XXXX, my bills attached to the card are declined and now late. Called in to capital one on the XXXX, and I asked them to fix the issue. As soon as they said they would try, they put me on hold and disconnected the call. Now I have no credit, Im out almost XXXX dollars, my bills are late, including my cell phone from XXXX, and customer service never called me back.
Company Response:
State: TX
Zip: 77584
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Requested opt out... XX/XX/2023 XXXX XXXX XXXX Subject : Opting-Out of Authorizations as a Federally Protected Consumer Dear CAPITAL ONE, I am writing to inform you, as a federally protected consumer under the Fair Credit Reporting Act ( FCRA ), that I am opting out of any and all authorizations I may have given you, whether written, unwritten, verbal, or nonverbal, as outlined in Section 15 U.S.C. 1681b of the FCRA and 16 CFR 313.7 ( g ) ( 1 ). As I exercise my rights under the FCRA, I kindly request that you immediately cease any activity or use of my personal information that was previously authorized. This opt-out applies to all current and future authorizations. Please ensure that my personal information is removed from any databases, mailing lists, or any other sources used for commercial purposes. Kindly confirm in writing that you have implemented my request within thirty ( 30 ) days of receiving this letter.. In compliance with federal regulations, I would like to continue receiving periodic statements and any llegally mandated communications regarding my account. However, any other uses or sharing of my information should cease immediately. I appreciate your understanding and cooperation in this matter. Failure to comply with my request may result in the violation of federal law, and I may be inclined to pursue legal action to protect my rights as a consumer. Should you have any questions or require any additional information concerning this matter, please do not hesitate to contact me In writing only, at above address. Thank you for your prompt attention to this request. Yours sincerely,
Company Response:
State: CA
Zip: 95823
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XX/XX/2023 *Personal info and account numbers removed for complaint* Subject : Opting-Out of Authorizations as a Federally Protected Consumer Dear CAPITAL ONE, I am writing to inform you, as a federally protected consumer under the Fair Credit Reporting Act ( FCRA ), that I am opting out of any and all authorizations I may have given you, whether written, unwritten, verbal, or nonverbal, as outlined in Section 15 U.S.C. 1681b of the FCRA and 16 CFR 313.7 ( g ) ( 1 ). As I exercise my rights under the FCRA, I kindly request that you immediately cease any activity or use of my personal information that was previously authorized. This opt-out applies to all current and future authorizations. Please ensure that my personal information is removed from any databases, mailing lists, or any other sources used for commercial purposes. Kindly confirm in writing that you have implemented my request within thirty ( 30 ) days of receiving this letter. In compliance with federal regulations, I would like to continue receiving periodic statements and any llegally mandated communications regarding my account. However, any other uses or sharing of my information should cease immediately. I appreciate your understanding and cooperation in this matter. Failure to comply with my request may result in the violation of federal law, and I may be inclined to pursue legal action to protect my rights as a consumer. Should you have any questions or require any additional information concerning this matter, please do not hesitate to contact me In writing only, at above address. Thank you for your prompt attention to this request. Yours sincerely, *Personal Info removed for complaint*
Company Response:
State: CA
Zip: 95823
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Opening an account
Subissue: Unable to open an account
Consumer Complaint: I am a victim of Identity theft there are XXXX accounts opened under my name and social security and driver license number.
Company Response:
State: IL
Zip: 60643
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX XXXX XXXX capital one XX/XX/2023 XXXX XXXX XX/XX/2023 XXXX XXXX XXXX XX/XX/2023 XXXX XXXX XXXX XX/XX/2023 these company want me to wait 2 years for it to be remove and by this i won't be able to rent a good apartment area for my dad. he needs to move out from a bad neighborhood and i want to help him.
Company Response:
State: IL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
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: XXXX XXXX : XXXX Dispute with XXXX XXXX XXXX billed on XX/XX/XXXX for {$160.00}. No evidence of why the bill was incurred. Copy of office lease provided to documents team at Disputes at Capital One on XXXX XX/XX/XXXX. Additional XXXX of the parking lot provided to Capital One on XX/XX/XXXX proving NO SIGNAGE on lot premises of any violation. The vehicle was parked on the left side in photos.
Company Response:
State: CO
Zip: 80302
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A