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Username: Christine

Post Number: 1970
Registered: 09-2002
Posted on Friday, April 02, 2004 - 02:32 am:   Edit Post Delete Post Print Post    Move Post (Moderator/Admin Only)

Christine Baker
Tel: (206) 202-4653
Fax: (571) 222-1000

Maureen A. Welsh
Thomas A. Maraz
Gallagher & Kennedy, P.A.
2575 East Camelback Road
Phoenix, Arizona 85016–9225

Via fax to 602-530-8500 -- 2 pages

March 28, 2004

Re: My FRB-R and James McAfee complaint about Capital One, CIV-03-525-PCT-RCB
Notice of press release

Dear Ms. Welsh and Mr. Maraz:

I hoped to finally receive a substantive response to my complaint with the FRB-R and Mr. McAfee. However, I have received absolutely NOTHING.

Please advise whether any of Mr. McAfee’s contact information changed, as I am preparing a press release about his vile conduct and his continued active support of the exploitation of America’s disadvantaged by refusing to take the actions necessary to get Capital One to comply with the FCRA.

And just in case Mr. McAfee is still confused, here is my complaint again:

Re: Capital One refusal to report the credit limits in violation of the FCRA

Capital One refuses to report the credit LIMITS to the CRAs, apparently for all credit card accounts and in violation of the Fair Credit Reporting Act (FCRA).

Because Fair Isaac's credit scoring software utilizes the "High Credit" instead of the "Credit LIMIT" for Capital One accounts, the Balance/Limit Ratio calculated by Fair Isaac's software is obviously often MUCH higher than it should be.


A consumer with only one revolving account with a $5,000 credit limit and a $250 balance has a 5% B/L ratio.

If this account is a Capital One account, reported with a "High Credit" of $250, the B/L ratio is 100%. The credit scores can easily be lowered over 50 points due to Capital One's refusal to report the credit LIMIT.

Enormous damages are inflicted on many millions of Americans. Aside from credit declines and higher interest rates, many consumers can no longer afford insurance or are declined for insurance due to their low credit scores.

Ultimately, many consumers are forced into bankruptcy as a direct result of higher interest and insurance rates due to the low credit scores.

In many cases, those scores are low NOT because of late payments, but because of Capital One's policy not to report the credit LIMITS to the credit bureaus in violation of the FCRA.

FCRA § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2]:

"(a) Duty of furnishers of information to provide accurate information.

(2) Duty to correct and update information. A person who

(A) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person's transactions or experiences with any consumer; and

(B) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate."

Because the FCRA does not allow consumers to sue for Section a) violations, and only the "regulators" may enforce these regulations, I am asking you to enforce the requirement for accurate and complete credit reporting.

Exhibit AN is my 2/27/04 credit report with the Balance/Limit Ratio calculations for credit scores and illustrates the destructive impact of missing credit LIMITS on FICO scores.

James McAfee’s affidavit implies that my 11/12/02 complaint exceeded his mental capabilities.

If Mr. McAfee is still unable to comprehend any words, concepts or calculations, I will gladly provide explanations.

I have successfully explained the importance of the balance/limit ratio and the reporting of the correct credit limits to readers who barely spoke English and/or with very little education.

I am looking forward to a substantive reply.

Very truly yours,

Christine Baker

c: posted at and

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