Consumer complaint received 2021-07-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
I, XXXX XXXX, am a natural person and my place of abode is my location information as that term is defined by 15 USC 1692a ( 7 ). 

I am a consumer as that term is defined by the FDCPA and RFDCPA. 

XXXX XXXX XXXX is a debt collector as that term is defined by 15 USC 1692a ( 6 ). 

XXXX XXXX XXXX is a debt buyer based in the XXXX XXXX XXXXXXXX, XXXX of Virginia. 

I understand my rights as a consumer and know that Congress has enacted federal laws to protect me as a consumer. I have created this affidavit to put you on notice about the abusive debt collection practices of your company XXXX XXXX XXXX XXXX, XXXX XXXX pursuant to 15 USC 1692a ( e ) and make you aware that you have invaded my individual privacy under 15 USC 1692a. 

Within the last year, XXXX XXXX XXXX attempted to collect an alleged consumer debt from me. 

On or around XX/XX/2021, XXXX XXXX XXXX created and mailed a letter XXXX Exhibit A ) stating that I owe a debt to my abode. 

XXXX XXXX XXXX never obtained my direct consent to contact me or communicate with me at any time, but I received their communication via mail, which is a violation of 15 USC 1692c ( a ). 

XXXX XXXX XXXX committed identity theft as defined by the FCRA, 15 USC 1681a ( q ) ( 3 ), when they acquired and used my identifying information without my direct consent to mail me Exhibit A. 

XXXX XXXX XXXX violated 15 USC 1692c ( a ) ( 1 ) by sending Exhibit A at an unusual and inconvenient time. 

XXXX XXXX XXXX violated 15 USC 1692b ( 5 ) of the FDCPA by using any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt, when XXXX XXXX XXXX used their logo in the contents of Exhibit A. 

XXXX XXXX XXXX violated 15 USC 1692d of the FDCPA by engaging in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, when XXXX XXXX XXXX stated that their company works with people to resolve their debts. We would love to do the same for YOU. 

XXXX XXXX XXXX violated 15 USC 1692e ( 2 ) ( A ) of the FDCPA by falsely representing the character, amount or legal status of any debt, when XXXX XXXX XXXX demanded immediate payment from me. 

XXXX XXXX XXXX violated 15 USC 1692e ( 2 ) ( A ) of the FDCPA by falsely representing the character, amount or legal status of any debt, when XXXX XXXX XXXX falsely represented the alleged debt, when XXXX XXXX XXXX stated that I have a positive balance of {$630.00}. 

XXXX XXXX XXXX violated 15 USC 1692g ( a ) of the FDCPA by failing to send me a written notice that contained all 5 of the requirements under 15 USC 1692g ( a ) ( 1-5 ). 

On XX/XX/2021, I received Exhibit B-G in the mail from XXXX XXXX XXXX. 

XXXX XXXX XXXX violated 15 USC 1692b ( 5 ) of the FDCPA by using any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt, when the contents of the communication from XXXX XXXX XXXX contained the Capital One symbol. 

XXXX XXXX XXXX violated 15 USC 1692f of the FDCPA by using unfair or unconscionable means in connection with the collection of an alleged debt, when XXXX XXXX XXXX engaged in the foregoing conduct.

Company response to consumer: Closed with explanation