Cap1 knowingly reporting inaccurate information.

[HiiiPoWeR]

I'm completely tired of Capital One's BS. They refuse to remove lates for November & December when payments was made for both months. I have escalated this to Consumer Financial Protection Bureau twice which resulted in the same outcome. Does anyone have any other suggestions? 

[gdale6]

You will need to get it before a judge.

[RobertEG]

The FCRA does not permit consumers to bring their own private civil action based on inaccurate reporting.

It requires that the consumer first file a dispute with the CRA under FCRA 611(a), and thus obtain an investigation of the asserted inaccurate reporting.

If the furnisher has then verified the accuracy of their reporting, the consumer then obtains the right to file a civil action for violation of the reasonable investigation requirement that is part of the dispute process.

Having filed a complaint with the CFPB does not provide authorization to file a civil action related to knowingly inaccurate reporting.

See FCRA 623(c).

You should first obtain a verification via a dispute with the CRA.

Once you have that, then you can file a civil action under FCRA 616 or 617 for violation of the reasonable investigation requirement of FCRA 611(a).

[HiiiPoWeR]

---

@RobertEG wrote:

The FCRA does not permit consumers to bring their own private civil action based on inaccurate reporting.

It requires that the consumer first file a dispute with the CRA under FCRA 611(a), and thus obtain an investigation of the asserted inaccurate reporting.

If the furnisher has then verified the accuracy of their reporting, the consumer then obtains the right to file a civil action for violation of the reasonable investigation requirement that is part of the dispute process.

Having filed a complaint with the CFPB does not provide authorization to file a civil action related to knowingly inaccurate reporting.

See FCRA 623(c).

You should first obtain a verification via a dispute with the CRA.

Once you have that, then you can file a civil action under FCRA 616 or 617 for violation of the reasonable investigation requirement of FCRA 611(a).

---

I filed several dispute's with the CRA's which came back as verified. I also filed 3 complaints with the CFPB and 2 of them came back as accurate reporting. I filed the 3rd and final complaint last night in hopes of reaching a resolution before taking legal action. 

[RobertEG]

Then you now have the right to file a civil action and get judicial review of the verification of the accuracy of the reporting.

The basis for the legal action would be the lack of a reasonable investigation of your dispute, and not the inaccurate reporting per se.

[HiiiPoWeR]

---

@RobertEG wrote:

Then you now have the right to file a civil action and get judicial review of the verification of the accuracy of the reporting.

The basis for the legal action would be the lack of a reasonable investigation of your dispute, and not the inaccurate reporting per se.

---

Thanks for you help. I'm curious to know, are you a lawyer or something?

[RobertEG]

Just reinterating the clear provisions of FCRA 623(c) without any interpretation.

[Anonymous]

There are rumors that Robert is a highly sophisticated machine like Watson, but for credit stuff.