Consumer complaint received 2023-09-18
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Part XXXX of XXXX Credit reporting agencies are not stupid birds, like a XXXX, who can just XXXX  or repeat exactly what Capital One states without the requisite XXXX XXXXXXXX independent unbiased inquiry. Capital One can not make the required prima facie showing required by court procedures to justify its purported disputed data and failure to report my accounts as disputed. I can not cross examine a verified entry so consumer reporting agencies are barred from further inclusion of Capital One accounts on my credit file. If Capital One wants me to pay, it can seek Arbitration without having to harass me with frivolous reporting disputed late payments on credit reports. Unfortunately for Capital One, only a JURY can resolve the dispute at this point as credit reporting agencies can not just XXXX  known disputed data known to be incomplete, misleading, deceptive, inaccurate etc. While it is clear and obvious that I was entitled to 3 months of payment deferrals due to OFFERS agreed to by Capital One and accepted by me, only a JURY can provide Capital One with relief as a jury would be required to decide the application of the rights and obligations of the parties regarding entitlement to payment deferrals and whether Capital One acted appropriately. While Capital One does not have standing and subject matter jurisdiction to enter a U.S. District Court, any attempts to sidestep a JURY trial or Arbitration would result in my filing a U.S. District Court Action or Bankruptcy Adversary proceeding to determine the amount, validity, priority of party claims seeking punitive damages from Capital One and other violators of the FCRA AFTER extensive and costly DISCOVERY. Because of my failing health in part caused by damages caused by Capital Ones no action and threats, I would probably die before court actions and appeals can be completed and my estate would just have to ADD ON additional damages. Capital Ones information furnished to consumer reporting agencies must be correct and update the information provided so that it is complete and accurate. 1681s-2 ( a ) ( 2 ). Additional duties a furnisher incurs under 1681s-2 ( b ) are if a consumer disputes the accuracy of information that the furnisher reports. If a consumer notified a CRA that he disputes the accuracy of an item in his file, the FCRA required the CRA to notify the furnisher of the dispute. 1681i ( a ) ( 2 ) and comply with a set of obligations to avoid violations. Thus, FCRA requires furnishers to determine whether the information that they previously reported to a CRA is incomplete or inaccurate1681s-2 ( b ) ( 1 ) ( D ). In so mandating, Congress clearly intended furnishers to review reports not only for inaccuracies in the information reported but also for omissions that render the reported information misleading. Courts have held that a credit report is not accurate under FCRA if it provides information in such a manner as to create a materially misleading impression reasoning that incomplete reporting can violate FCRA when it is misleading. Capital One affirmatively and unconditional Offered consumers unsolicited 3 months of payment deferrals for affected consumers if XXXX  XXXX and COVID-19. I accepted expected promised relief which Capital One refuses by its inaction and failure to process my payment deferrals. Consumers need offered relief without jumping through hoops and trying to reach a rep after 30 plus hours of calls. Capital Ones reporting is so bad that CRAs are now put in actual notice that any reply by Capital One is unreliable and intended to be willfully inaccurate. Thus CRAs and more importantly, CFPB intervention is required to protect millions of consumers from Capital Ones illegal and deceptive intentional practices. With multiple credit card lenders, I can not be reasonable expected to use my valuable time by spending hundreds of hours calling creditors to obtain payment deferrals which must be automatic. The scheme of Capital One is to do nothing in hope that it will not need to provide relief promised. The CFPB has detailed experience regarding serious credit reporting problems and it is in a position to protect the Millions of impacted consumers from XXXX XXXX and COVID-19. The XXXX XXXX held that a report is inaccurate not only when it is patently incorrect but when it is misleading in such a way snd to such an extent that it can be expected to have a adverse effect. Where a CRA is affirmatively on notice that information received from a creditor may be suspect, it is unreasonable as a matter of law for the agency to simply verify the creditors information through the automated consumer dispute verification process without additional investigation. Courts have held a reasonable reinvestigation required more than making only a cursory investigation into the reliability of information that is reported to potential creditors. The question of whether a reinvestigation is reasonable is generally XXXX for the JURY. The grave responsibility imposed by the FCRA must consist of something more than XXXX information received from other sources, XXXX information from furnishers creates a substantial risk to consumers. Despite the impacts of XXXX, XXXX XXXX, XXXX malpractice, refusal of insurance to pay my claims and my medical condition, I have been incredibly stressed by Capital One and others to provide the offered 3 months of unconditional payment deferrals. During all multiple Capital One conversations, I was made to feel anxious, frustrated, ignored, helpless, confused, and offended. Capital Ones refusal to address my points increased my stress level and anxiety. I felt embarrassed, less confident and depressed that Capital One repeatedly said I owed money by its failure to offer the 3 months of payment deferrals offered to all other consumers. I was worried that Capital One would completely drain my Social Security checking account each month in the future further wrongly escalating things to negatively impact my credit in complete disregard for the FCRA. I am still in shock about how I was treated on the phone because I simply have never had such hostile, offensive, and aggressive conversations with another person in a professional setting. Because of Capital Ones discrimination and refusal to process the offered 3 months of payment deferrals, I have suffered severe emotional and mental distress. Distress, including mental suffering or emotional anguish, is a personal injury familiar to the law, customarily proved by showing the nature and circumstances of the wrong snd its effect on the plaintiff. CAREY v Piphus, 435 U.S. 247, 263-64. Recovery for that type of injury has been part of our common-law tradition for centuries. Congresss judgment sought to prevent the variety of negative effects that reporting inaccurate credit information can cause. Even the threat to report disputed information is an inherently abusive, injurious, and coercive shakedown because it forces the debtor with a legitimate ground for disputing a debt to choose between waiving the right to challenge the debt or risk long-lasting negative financial consequences. This type of concrete harm is actionable without the need to show additional harm. 
I could continue on and on but I will stop here as I can always supplement matters later. I have obviously spent considerable time and effort in this matter to make my complaint clear and unambiguous. Conflicts between what I state herein and any transcripts or unknown summaries of phone transcripts must be resolved in favor of this complaint. I am also sending this complaint by certified US mail return receipt requested to put Capital One, XXXX, XXXX, XXXX and all closed account creditors including XXXX XXXX XXXX XXXX XXXX Capital One XXXX XXXX about my dispute about their data and the consequences of continued FCRA violations. This complaint can not be accurately summarized into a box as complete forwarding of the entire dispute must be delivered by each CRA to Capital One and all closed accounts. CRAs can not assume Capital One receives and processes my dispute so they must securely deliver the complete complaint with exhibits to Capital One so that all FCRA requirements are satisfied without exception and without violations. Quite frankly, every CRA has sufficient grounds to DELETE Capital Ones accounts without waiting for a Capital Ones response to show good faith in an attempt to mitigate damages and avoid FCRA violations. In any case, Capital One needs to address each and every point in detail as would be expected in a U.S. Supreme Court decision unless it prudently instructs every CEA to delete the file permanently. Hopefully, the CFPB can just intervene promptly causing all closed accounts to be permanently deleted so that Capital One and every CRA does not have to admit or deny wrongdoing. 

I could continue and continue but at this point I will stop. Any one point of the numerous points made would justify my requested relief. In combination, all of my points overwhelmingly justify the immediate need for the requested relief.

I respectfully request : 1. The immediate and permanent deletion of each and every one of my accounts of Capital One from every credit reporting agency, including XXXX, XXXX and XXXX ; and XXXX. Actual damages from Capital One and any violating CRA {$1000.00} statutory damages against Capital One and XXXX for each and every account for each and every FCRA violation for each and every day a FCRA is contained on my credit reports -plus punitive damages of $ XXXX plus reasonable attorney fees and costs ; and XXXX. A comprehensive investigation with sanctions or other relief by the Consumer Financial Protection Bureau about XXXX XXXX and XXXX policies and handling regarding payment deferrals and other relief evasion or avoidance policies by Capital One and other lenders ; and XXXX. The immediate and permanent deletion of every closed credit card account from every CRA ; and XXXX. Deletion of all data from my credit reports by CRAs which is disputed, inaccurate, false, deceptive, misleading, incorrect, unverifiable, improper, incomplete, meaningless, discriminatory, harmful, irrelevant, non-compliant, inconsistent, frivolous, abusive, threatening, unreasonable, unclear, unwarranted, unreliable, unproven, uncertain, Non-investigated to assure maximum accuracy, illegal, prohibited, unconstitutional, unequal treatment, discriminatory, PARROTING, damaging, malicious, negative, insufficient, usurious, negligence, misconduct, coercive, etc. ; and XXXX a determination that good faith has been shown that I may be entitled to statutory, punitive and other damages for FCRA willful violations which damages may exceed creditor purported claims making credit reporting unwarranted, irrelevant and inappropriate except to harass me for no justifiable purpose ; and XXXX. Immediately and Permanently marking every closed account as DISPUTED BY CONSUMER and prohibiting the reporting of direct or indirect potentially negative or negatively inferred data unless and until a dispute is finally resolved by a U.S. District Court JURY ; and XXXX. The return of all amounts paid since XX/XX/22 ; and XXXX. For such other or further relief that may be just, proper and equitable in the light most favorable to me as consumer NOTE : My primary objective is permanent deletion of all my Capital One and other closed accounts from my credit files of all credit reporting agencies. If the CFPB can help obtain my primary objective, I will be extremely happy and thankful to the CFPB and it may effectively XXXX  other relief to be determined, if sought, in the sole appropriate jurisdiction in a jury trial in the US District Court in XXXX. 


Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation