Consumer complaint received 2020-10-27
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Credit inquiries on your report that you don't recognize

Complaint:
Legal Department, I am a victim of identity- theft, I am writing to request that you block all the following fraudulent accounts in my files with XXXX  , XXXX  , and XXXX. This information does not relate to any transactions I made. I did not authorize anyone to use my personal information. I hereby exercise my legal rights enacted by XXXX and The Federal Trade Commission, which explicitly states when a victim files an affidavit it shall be honored by all credit bureaus and all fraudulent information must be blocked within 4 days and proper notification shall be given to all furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with The Better Business Bureau, Consumer Financial Protection Bureau, and Attorney General with legal action of your companys unlawful collection practices, misrepresentation of reporting inaccurate debts, and noncompliance to adhere to laws enacted to help who are victims of identity-theft. I request that an extend fraud alert be placed in my file explaining that fraudulent applications may be submitted in my name. Do not extend credit without first contacting me personally and verifying all applications.

The below-listed accounts by the Original Creditors, who have reported these accounts within my credit reports, were not opened by me. I also did not give my authorization for anyone else to open these accounts. Someone else of who did these that I did not know. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ),
Procedure In Case of Disputed Accuracy.

( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice
of the dispute from the consumer or reseller.

Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts.

Finally, you are reporting the INQUIRIES that are the result of the same type of fraudulent activities. It must be noted that I did not apply for credit accounts with the below-listed companies and creditors, some of these are the result of attempts to open accounts, but the companies did not approve the accounts.
Therefore, these inquiries must be deleted from within my credit file. You can not delete the fraudulently opened accounts without also deleting the fraudulent inquiries.

It should be noted that an inquiry that was not made by me is not a factual record, just as a fraudulently opened account is not a factual record and not referred to the creditor to be disputed directly with them. The credit reporting agencies have attempted to address an inquiry as a factual record of file access, but if it was done through fraudulent means, it is not a factual record. As a consumer I should not be required to dispute each fraudulent inquiry directly with each company. These inquiries are the result of fraudulent activity and therefore, inaccurate in which the credit reporting agencies or the creditors can not verify, meaning that these inquiries are unverifiable information and must be deleted from out go my credit files. 
1. Identity Theft CAP ONE AF Date of inquiry : XX/XX/2020 This is not mine. 
2. Identity Theft CAP ONE AF Date of inquiry : XX/XX/2020 This is not mine. 
4. Identity Theft CAP ONE AF Date of inquiry : XX/XX/2020 This is not mine.

Company response to consumer: Closed with non-monetary relief