Credit card -- Other features, terms, or problems -- Complaint #8312557

Complaint Overview

Complaint ID: 8312557

Company: Capital One Financial Corporation

Product: Credit card

Sub-Product: General-purpose credit card or charge card

Issue: Other features, terms, or problems

Sub-Issue: Other problem

State: North Carolina

ZIP Code: 28025

Date Received: 2024-02-08T12:00:00-05:00

Date Sent to Company: 2024-02-08T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

XX/XX/XXXX I called capital one in regard to opting out of them reporting to the credit reporting agencies. At which time they directed me to contact the 3 credit reporting agencies in regard to opting out. I explained to the representative at Capital One that the credit reporting agencies would not have them listed on my credit reports if they themselves ( Capital one ) were not reporting to the credit agency. The representative at Capital One refused to honor my verbal opt-out request per 15 USC 6802. She did however provide me with the address to send my written opt-out request. Capital one, as well as XXXX, XXXX and XXXX are all reporting on accounts that have been charged off. Capital one as well as XXXX, XXXX, and XXXX are in violation of multiple laws set forth by Congress in regards to my Capital One accounts 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( Capital One ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( XXXX ) ( A ) states that A person ( Capital One ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, and XXXX ) XXXX the person knows or has reasonable cause to believe that the information is inaccurate. Capital One can not collect and/or report on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! By Definition, the IRS Clearly says a Cancelled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from Capital One for the cancelled debt of { {$3700.00} } on one Capital One account and { {$4600.00} } on another Capital One account, in order to file as ordinary income. Where is my 1099-C? Capital One is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than { { {$600.00} } }. This is unsatisfactory! Capital One has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In Capital One terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX is not an affiliate of CAPITAL ONE 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 CAPITAL ONE 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. CAPITAL ONE must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consumer account. 1026.11 Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { { {$1.00} } } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( XXXX ) Credit the amount of the credit balance to the consumer 's account ; ( XXXX ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( XXXX ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( XXXX ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( XXXX ) Nothing in paragraph ( b ) ( XXXX ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( XXXX ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. ( XXXX ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( XXXX ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( XXXX ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.

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