Date Received: 2023-02-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: U.S. Code 1666b A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures de- signed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the pay ment due date. The creditor failed to do so
Company Response:
State: NY
Zip: 115XX
Submitted Via: Web
Date Sent: 2023-02-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-28
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: I paid my credit card bills and both account were placed on hold.
Company Response:
State: VA
Zip: 23606
Submitted Via: Web
Date Sent: 2023-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Institutions covered by the Gramm-Leach-Bliley Act must tell their customers about their information-sharing practices and explain to customers their right to " opt out '' if they don't want their information shared with certain third parties. Pursuant to the Gramm-Leach-Bliley Act and 15 USC 6802 ( b ) ( 1 ) A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- such financial institution clearly and conspicuously DISCLOSES to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Notice, congress said that the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The fact that I was never given an explanation of how I can exercise that nondisclosure option is immediate grounds for removal. The Privacy Rule applies to businesses that are " significantly engaged '' in " financial activities '' as described in section 4 ( k ) of the Bank Holding Company Act. Your activities determine whether you are a " financial institution '' under the Privacy Rule. According to the Bank Holding Company Act provision and regulations established by the Federal Reserve Board, " financial activities '' include : lending, exchanging, transferring, investing for others, or safeguarding money or securities. These activities cover services offered by lenders, check cashers, wire transfer services, and sellers of money orders. providing financial, investment or economic advisory services. These activities cover services offered by credit counselors, financial planners, tax preparers, accountants, and investment advisors. brokering loans. servicing loans. debt collecting. providing real estate settlement services. career counseling ( of individuals seeking employment in the financial services industry ). The Gramm-Leach-Bliley Acts notice and opt out provisions are in addition to the obligations imposed by the Fair Credit Reporting Act ( FCRA ). 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, 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. Capital One 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. Capital One the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX, Capital One whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option Capital One 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, 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: 36869
Submitted Via: Web
Date Sent: 2023-02-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-26
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: The CARES Act and Credit Reports states. If you made an arrangement wit a creditor they can not report your payments as past due. This is as long as your account was already current. This applies to agreements made between XX/XX/XXXX and 120 days after the COVID-19 national emergencies ends. Capital One Is reporting late payments ( XX/XX/XXXX, XXXX - XXXX, XXXX ) to my credit report however, I had followed all steps of making valid and on time payments to my account. My account is current via the cares act with this company during those periods however they are still reporting inaccurately to all three of the national credit agencies. I was current before and after that time. Cares Act states If you are current on payments and make special arrangements, creditors must report the account as current. Late and missed payments CAN NOT be reported if you have already made arrangements. However this account was paid on time and current.
Company Response:
State: TX
Zip: 77498
Submitted Via: Web
Date Sent: 2023-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-26
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: The CARES Act and Credit Reports states. If you made an arrangement wit a creditor they can not report your payments as past due. This is as long as your account was already current. This applies to agreements made between XX/XX/XXXX and 120 days after the COVID-19 national emergencies ends. XXXX XXXX Is reporting late payments XX/XX/XXXX to my credit report however, I had followed all steps of making valid and on time payments to my account. My account is current via the cares act with this company during those periods however they are still reporting inaccurately to all three of the national credit agencies. I was current before and after that time.
Company Response:
State: TX
Zip: 77498
Submitted Via: Web
Date Sent: 2023-03-27
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-26
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit recording act this creditor has violated my rights under 15USC 1681 Section 602 states i have the right to privacy. 15 USC 1681 section 604A section 2 also states a consumer reporting agency can not furnish an account without my written instructions, under 15 USC 1666B a creditor may not treat a payment on a credit card account under an open an consumer credit plan as late for any purpose.
Company Response:
State: VA
Zip: 239XX
Submitted Via: Web
Date Sent: 2023-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-26
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: On XXXX XXXX there were five separate fraudulent credit applications that I did not consent to or have knowledge of until after examining my credit report on credit karma and was referred to this complaint process. Prior to this fraudulent activity an individual also attempted to withdraw funds from the bank account via social media and the police were told but did nothing to the culprit known asXXXX XXXXXXXX who is residing in XXXX TN. She obtained my sensitive information from her partner XXXX XXXX who had my information stored somewhere. The companies and their information is listed below. Thankyou for allowing me to submit this complaint and I hope it is resolved accordingly. Id law enforcement is notified Ill be happy to provide information. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: TN
Zip: 37918
Submitted Via: Web
Date Sent: 2023-02-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-26
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: On XX/XX/2022 I mobile deposited two payroll checks. Those checks were then stolen from me and someone attempted to deposit or cash them. My employer did not pay the check a second time. On XX/XX/2022, Capital One adjusts my account saying the check for the amount of {$870.00} was deposited twice. Then on XX/XX/2022, Capital One adjusted my account again for the amount of {$390.00} from the second check with just the reasoning, to correct an error. After hours on the phone with their customer service for me and my employer, trying to get this straightened out, nothing has been resolved. They have not been able to provide proof as to why they took the money, they all act confused like they have no idea what were talking about.
Company Response:
State: NC
Zip: 27284
Submitted Via: Web
Date Sent: 2023-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-26
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: CapitalOne ( Reference : XXXX ) From : XXXX XXXX XXXX Date : XXXX, XX/XX/XXXX, XXXX XXXX Subject : Reference : XXXX To : XXXX Re : XXXX XXXX XXXX Dear Fraud Investigation Department Customer Care : I, XXXX XXXX XXXX, submit all information regarding the working relationship between XXXX XXXX XXXX of XXXX XXXX XXXX XXXX, XXXX XXXX, NY XXXX. I : First Contact On XX/XX/XXXX, XXXX XXXX XXXX, cross reference the two checks, review my. Notified me and retained my services. ( See XXXX XXXX XXXX ) retained my services from XXXX. Form of Payment : ( i ) XXXX XXXX paid me by Check. ( ii ) XXXX XXXX deposited on XX/XX/XXXX on XXXX XXXX ( Between XXXX and XXXX XXXX ) Branch. ( iii ) Capital One verified the check, and payment was deposited into my account. Second Contact : On XX/XX/XXXX, XXXX XXXX contacted me to clean. ( See XXXX XXXX XXXX ). I deposited a $ XXXX XXXX check at the Capital One Branch on XXXX XXXX ( Between XXXX and XXXX XXXX ) Branch. On XX/XX/XXXX, Capital One restricted the account. XXXX. Preliminary Statement : A. XXXX Background Check Policy XXXX XXXX XXXX XXXX XXXX XXXX XXXX Member Profile & Membership Information ( Internal Only/Not Visble to Families to protect my Identity ) image.png image.png XXXX XXXX Form of Payment ( See credit card information ) image.png XXXX XXXX Family Ratings for XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Notifications Workflow Processes and Procedures image.png III. XXXX XXXX Initial Contact XXXX XXXXXXXX XXXX XXXX XXXX. XXXX @ XXXX is my account on XXXX XXXX XXXX knows me as XXXX, not XXXX. XXXX XXXX. XXXX XXXX XXXX Account is credit card on account with XXXX image.png Conclusion : I am respectfully requesting that CapitalOne understand that : XXXX. I was contacted by XXXX XXXX via XXXX XXXX. XXXX XXXX knows me as XXXX XXXX, which I use. XXXX. On XX/XX/XXXX, I worked, was paid, and deposited a form of payment on XX/XX/XXXX. XXXX. On XX/XX/XXXX, I worked and XXXX XXXX gave me a bereavement gift of $ XXXX. XXXX. On XX/XX/XXXX, I presented my boarding pass to CapitalOne XXXX XXXX XXXX and was given $ XXXX in cash to go and bury my Sister. XXXX. On XX/XX/XXXX, I had over {$3500.00} in the account for traveling to XXXX, where I purchased travel accommodations and used CapitalOne XXXX. I am in good standing as a XXXX CapitalOne depositor and XXXX XXXX XXXX. I respectfully request an opportunity to keep my in good standing account and ask that CapitalOne review the above submitted as proof that I worked, earned and was given a gift from XXXX XXXX on XX/XX/XXXX for my Sister 's funeral on XX/XX/XXXX in XXXX, XXXX. Respectfully submitted, XXXX XXXX XXXX _______________________________________________________ Second Notice ( Reference : XXXX ) from : XXXX XXXX XXXX to : XXXX, XXXX XXXX XXXX, XXXX date : XXXX XXXX, XXXX, XXXX XXXX subject : Second Notice ( Reference : XXXX ) mailed-by : XXXX _________________________________________________________ Third Notice From : XXXX XXXX XXXX To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Second Notice ( Reference : XXXX ) Dear Fraud Department : I am writing this email to inquire about the above referenced. Destination of funds when the CapitalOne Account was closed XXXX XXXX ( XXXX ) after deposit. Thank you very much for your time, and I look forward to hearing from you. Respectfully submitted. -- -- - Forwarded Message -- -- - From : XXXX XXXX XXXX To : " XXXX '' XXXX ; XXXX XXXX XXXX ; " XXXX '' XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) -- -- -- -- -- Forwarded message -- -- -- -- - From : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: NY
Zip: 10456
Submitted Via: Web
Date Sent: 2023-02-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-02-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Capital One XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Re : Late Payments Reported late payments on Months : XXXX, XXXX, and XXXX of XXXX and XXXX, XXXX and XXXX of XXXX. In accordance with the Fair Credit Reporting Act this creditor has violated my rights under 15 USC 1681 section 6 o 2 states I have the right to privacy 15 USC 1681 section 6 O 4 a section 2 it also states a consumer reporting agency can not furnish an account with my written instructions under 15 USCS 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. Any assistance in this matter would be appreciated. Thank you.
Company Response:
State: MD
Zip: 20723
Submitted Via: Web
Date Sent: 2023-02-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A