Consumer complaint received 2021-07-19
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
On XX/XX/XXXX and previously, Capital One was requested to cooperate with the XXXX XXXX XXXX XXXX ( XXXX ) investigation into a criminal case number XXXX and provide records to Senior Investigating Deputy regarding two accounts ending in XXXX and XXXX. Capital One was also advised of the penalties under California Law Penal Code 530.8. Capital One pre-formatted response is to deny further investigation as I could not provide additional information warranting another investigation. Capital One is purposefully denying me assess to records solely in their control preventing me from providing them with additional evidence to further any civil remedies or criminal investigation. 

I had also previously requested all records on XX/XX/XXXX pursuant to section 609 ( e ) of the Fair Credit Reporting Act. ( 15 U.S.C. 1681g ), California Financial Code sections 4002 and 22470, Civil Code section 1748.95 and Penal Code 530.8. As a victim of Identity Theft and Fraud when reporting my victimization, I had repeatedly followed the procedures as outlined by the Federal Trade Commission, the California Attorney General and the XXXX County Sheriffs Office. 

Capital One is accused of actively withholding records of interest in a criminal investigation and thereby hampering criminal arrest, aiding and abetting the perpetrator and delaying prosecution. Capital One is hereby place on record for refusing to provide records to the XXXX XXXX Sheriffs Office ( XXXX ) assigned Senior Deputy investigating officer. In addition, new information the criminal case is under review by the XXXX County District Attorney, White Collar criminal investigation unit as they are currently reviewing two forged documents provided by other lenders. Also new regarding my case is that a separate complaint has been filed with the United States Federal Treasury, Department of Internal Revenue Service requesting a separate investigation into suspected tax fraud and money laundering by the alleged perpetrator. 

Therefore, pursuant to California Law, Penal Code 530.8 ( a ) ( 2 ) Capital One was to provide me within ten ( 10 ) business days all records pertaining as to the alleged fraudulently open credit card accounts ending in 3353 and 6134. The records must also include copies of both credit card applications and a copy of the government issued picture identity as federal law requires to establish and verify identity of the applicant. In addition, Capital One should have provided any application that were used for subsequent cash advances or loans. Pursuant to the aforementioned Federal and State codes no subpoena is required from me to obtain any of these requested documents. The XXXX Case Report Number XXXX was to have been referenced in any communication or in releasing records. Capital One has chosen to ignore this and all other requests for records and without legal justification. 

I have no other recourse but to give proper legal notice to Capital One as further delay in not releasing records they are subjected to pending legal action for willful and negligent non-compliance of the Fair Credit Reporting Act and California Penal Codes 530.8 as I such time of filing legal action I will be seeking punitive damages and reasonable attorneys fees.

Company response to consumer: Closed with explanation