Consumer complaint received 2021-12-21
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD
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:
XXXX XXXXXXXX XXXX XXXX XXXX CRIMINAL ENFORCEMENT This complaint is to inform you that I recently received a copy of my credit report that your company publishes and after reviewing it I found out your company used and authorize others to use my social security number for the purpose to obtain credit without my authorization. CAPITAL ONE BANK failed to provide me with a copy of any express written authorization of OPT OUT NOTICE pursuant to15 USC 6802, whereby CAPITAL ONE BANK was authorized to disclose/divulge/share my social security number a/k/a credit card with any third party in any manner, as well as by means of communication, any information, documentation, data, property and the like in reference to me. CAPITAL ONE BANK failure in providing authorization and OPT OUT NOTICE pursuant to 15 USC 6802 constitutes CAPITAL ONE BANKare in violation of including not limited to GRAM LEACH BILILY ACT. CAPITAL ONE BANK possess neither express written authorization OPT OUT NOTICE pursuant to 15 USC 6802, nor consent from me for using/ revealing /disclosing/divulging/sharing with any third party my social security number ( customer information of a financial institution ). Summary of rights of identity theft victim Pursuant to 15 USC 1681g ( e ) ( 11 ) Definition of victim, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime. Pursuant to 15 USC 1681g ( e ) ( 1 ) ( B ) I am a victim of identity theft. I attached a IDENTITY THEFT AFFIDAVIT, FTC COMPLAINT, POLICE REPORT, DRIVER LICENSE AND SOCIAL SECURITY Please send me copies of the documents that you have in your files as of this date that you used to authorize your company to use and/or transfer my social security number to third parties. Under the Fair Credit Reporting Act, 15 U.S.C. 1681g I have the right to demand that you disclose to me all of the documents that you have recorded and retained in your file at the time of this request concerning the accounts that you are reporting in my credit report. Please don't respond to my request by saying that these accounts have been verified. Send me copies of the documents that you have in your files that were used for authorization. If you do not have any documentation in your files that authorizes you to use or transfer my social security number then please delete the account immediately for fraudulent activity as required under Section 611 ( a ) ( 5 ) ( A ) ( i ). By publishing the unauthorized use of my social security number on my credit report and distributing my social security number 3rd parties you are invading my privacy, damaging my reputation and credit worthiness. CAPITAL ONE BANK knowingly and intentionally violated or knowingly and intentionally attempts to violate 15 USC 6821- PRIVACY PROTECTION for customers information by false pretenses. CAPITAL ONE BANK disclosed to " Internal Revenue Service '' and " Credit Reporting Agency '' my social security number ( customer information of financial institution ) by making a fictitious statement by not providing the OPT OUT NOTICE to me and [ XXXX XXXX is criminally liable for a fine not more than {$5000.00} or imprisonment not than five year or both pursuant to 15 USC 6823. TRUTH IN LENDING CRIMINAL ENFORCEMENT I entered a consumer credit transaction on or about XX/XX/2013. The deceptive consumer credit contract from CAPITAL ONE BANK in regards to this unverified alleged debt contains fraudulent statements like " borrower '' " lender '' and " loan. The above referenced alleged debt has been derived from fraud. Meaningful disclosure was not given at the time the consumer credit contract was signed which prevented me from making an informed use of credit pursuant to 15 USC 1601 ( a ). CAPITAL ONE BANK failed to provide meaningful disclosure on the false, deceptive and misleading consumer credit contract because CAPITAL ONE BANK did not disclose to me that I was the creditor as defined under 15 USC 1602 ( g ) ( 2 ). I was the card issuer meaning : I issued my social security number a/k/a credit card as defined under 15 USC 1602 ( l ) to CAPITAL ONE BANK ] ( card holder ). CAPITAL ONE BANK ] ( card holder ) accepted credit card ( social security number ) which CAPITAL ONE BANK ( card holder ) has used or authorized others to use for the purpose of obtaining credit. CAPITAL ONE BANK such as by commission, omission and otherwise : ( a ) Failed to disclose meaningful disclosure of credit terms so that I will be able to compare more readily the various credit terms available to me and avoid the uniformed use of credit pursuant to 15 USC 1601 ( a ), CAPITAL ONE BANK willfully and knowingly violated the Truth in Lending Act provision 15 USC 1601 ( a ), 1638 ( a ) ( 1 ), 1638 ( a ) ( 2 ), 1638 ( a ) ( 3 ), 1638 ( a ) ( 4 ), 1638 ( a ) ( 5 ), and 1638 ( a ) ( 6 ) and [ XXXX XXXX ] is criminally liable for a fine not more than {$5000.00} or imprisonment not more than one year or both pursuant to 15 USC 1611 ( 1 ) & ( 3 ), ATTACHMENTS XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX  ) XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX )

Company response to consumer: Closed with explanation