Consumer complaint received 2023-10-09
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IN
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I noticed an account on my credit reports from a company called CAPITAL ONE that I never had any business relationship with. CAPITAL ONE was attempting to collect on a an alleged debt in the amount of {$1100.00}. 
I sent CAPITAL ONE a letter via certified mail XX/XX/2023 along with a copy of my identity theft report outlining that the account was fraudulent and a result of identity theft. 
I also disputed this fraudulent CAPITAL ONE account with the credit bureaus. CAPITAL ONE however continued reporting this fraudulent CAPITAL ONE account with the credit bureaus. I saw the fraudulent CAPITAL ONE account XXXX, XXXX, XXXX and XX/XX/2023 on my credit reports. 
I sent CAPITAL ONE a DEBT VALIDATION LETTER via certified mail XX/XX/2023 requesting the agreement between CAPITAL ONE and myself and the original application for the account. CAPITAL ONE violated the FCRA 15 U.S.C. 1681g ( d ) by failing to provide the evidence requested after being notified about the identity theft. FCRA 15 U.S.C. 1681g ( e ) states .... a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity.. Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) CAPITAL ONE was required to cease collection efforts until the alleged debt was validated but failed to do so. CAPITAL ONE continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). I then sent CAPITAL ONE a FAILURE TO RESPOND letter via mail September 5, 2023. CAPITAL ONE violated the FDCPA 15 U.S.C. 1692e ( 2 ) In its attempt to collect on an alleged debt by falsely representing the character, amount, or legal status of any debt. CAPITAL ONE violated the FDCPA 15 U.S.C. 1692f In their attempts to collect on the alleged debt by collecting an amount that was not expressly authorized by an agreement creating the debt or permitted by law. CAPITAL ONE violated the FDCPA 15 U.S.C. 1692g ( b ) by not ceasing collection efforts until the debt was validated. Case law is well settled that reporting an alleged debt to the credit reporting agencies is " an attempt to collect on a debt ''.

Pursuant to the FDCPA 15 U.S.C. 1692g ( b ) CAPITAL ONE was required to cease collection efforts until the alleged debt was validated but failed to do so. CAPITAL ONE continued reporting the alleged debt to the credit bureaus in its attempts to collect on the alleged debt thereby violating the FDCPA 15 U.S.C. 1692g ( b ). Additionally, CAPITAL ONE FAILED TO RESPOND to the DEBT VALIDATION LETTER within 30 days causing me to send a FAILURE TO RESPOND letter via mail XX/XX/2023 and did not receive the documents. CAPITAL ONE violated the FCRA 15 U.S.C. 1681i by not validating the alleged debt within 30 days. I saw the fraudulent CAPITAL ONE account XX/XX/2023 on my credit reports and it is still there as of this filing.

Company response to consumer: Closed with explanation