Consumer complaint received 2021-01-27
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA
Product: Debt collection
Sub-product: Auto debt
Issue: Communication tactics
Sub-issue: You told them to stop contacting you, but they keep trying

Complaint:
There has been an invasion of my individual privacy pursuant to the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S. Code 1692. Congress found and declared abusive debt collection practices contribute to an invasion of individual privacy.

15 U.S. Code 1692 ( a ) -Definitions : The term Bureau means the Bureau of Consumer Financial Protection .

The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium. 
The term consumer means any natural person obligated or allegedly obligated to pay any debt. 
The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. 
The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 
The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 
The term location information means a consumers place of abode and his telephone number at such place, or his place of employment. 

1. ) It is a fact that I am a natural person, a consumer, pursuant to 15 U.S. Code 1692 ( a ) ( 3 ).

2. ) It is a fact that I am a creditor pursuant to 15 U.S. Code 1692 ( a ) ( 4 ).

3. ) It is a fact that Capital One Auto Finance is a debt collector pursuant to U.S. Code 1692 ( a ) ( 6 ).

4. ) Pursuant to 15 U.S. Code 1692g, I am a consumer.

Misrepresentations Regarding Debt, in Violation of the FDCPA 5. ) Pursuant to 15 U.S. Code 1692b ( 1 ), Capital One Auto Finance requested my location information without direct permission instead of confirming and refused to identify themselves.

6. ) Pursuant to 15 U.S. Code 1692b ( 2 ), Capital One Auto Finance stated that I owed debt.

7. ) Pursuant to 15 U.S. Code 1692b ( 3 ), Capital One Auto Finance attempted to communicate using my location information several times resulting in harassment without direct request.

8. ) Pursuant to 15 U.S. Code 1692b ( 4 ), Capital One communicated to me by post card using my location information without direct request.

9. ) Pursuant to 15 U.S. Code 1692b ( 5 ), Capital One Auto Finance used several envelopes with their language, symbol, and contents of mail stating the collection of a debt without direct permission.

10. ) Capital One Auto Finance did not have my direct permission or consent to contact me pursuant to 15 U.S. Code 1692c ( a ).

11. ) Capital One Auto Finance inconveniently contacted me several times throughout the day pursuant to 15 U.S. Code 1692c ( a ).

12. ) Pursuant to 15 U.S. Code 1692d ( 4 ) Capital One Auto Finance continued to call and make threats of repossession, which is obscene language and harassment.

13. ) Pursuant to 15 U.S. Code 1692d ( 5 ) Capital One Auto Finance made my phone ring repeatedly and at inconvenient times without direct permission.

14. ) Pursuant to 15 U.S. Code 1692e ( 2 ), Capital One Auto Finance gave a false representation of the character and amount.

15. ) Pursuant to 15 U.S. Code 1692e ( 5 ), Capital One Auto Finance threatened to take action of repossession.

16. ) Pursuant to 15 U.S. Code 1692e ( 7 ), Capital One Auto Finance implicated that I committed a crime, as a consumer.

17. ) Pursuant to 15 U.S. Code 1692e ( 10 ), Capital One Auto Finance used deceptive means to obtain information.

18. ) Pursuant to 15 U.S. Code 1692f ( 1 ), Capital One Auto Finance gave no loan. Define loan under the FDCPA.

19. ) Pursuant to 15 U.S. Code 1692j ( a ), Capital One Auto Finance furnished a deceptive form and is liable pursuant to 15 U.S. Code 1692j ( b ).

Company response to consumer: Closed with explanation