Consumer complaint received 2023-01-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete INACCURATE, Unverifiable and Invalidated information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable and Invalidated items listed below are not deleted immediately. A copy of this letter as well as INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement.

YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified.

Its very obvious that your agency doesnt know what the FCRA is because from the looks of my credit report and all the errors isee you are disregarding it so heres my breakdown.

1.The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with othersincluding consumers themselves.

2. What is a FCRA violation?

Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes.

3. My rights under the fair credit reporting act Verify the accuracy of my report when it is required for employment purposes.

Receive notification if information in my file has been used against me in applying for credit or other transactions.

Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable.

Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ).

I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate and they are either INACCURATE, Unverifiable and Invalidated. I recently applied for extended credit and was denied i am in distress because of your mistakes.

The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.

..

Under 15 U.S. Code 1692j - Furnishing certain deceptive forms I am not participating in the collection of this alleged debt. Cease and desist asap.

XXXX XXXX # XXXX  Your improper procedures are highly damaging to my credit score. Please immediately delete this item.

VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liabilityunder this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agencyfor actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

* Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation and I am keeping a careful record of your actions, including your Method of Verification. I do not consent to XXXX or any means of automated verification.

Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury P.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX Assistant Director of Enforcement Consumer Financial Protection BureauXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX  CC : ( XXXX  State ) Senate CC : Federal Deposit Insurance Corporation CC : Comptroller Of The Currency CC : Federal Reserve System CC : Credit and insurance CC : Federal Trade Commission CC : State Regulatory agency CC : ( XXXX  State ) Regulatory agency Division of consumer complaints Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation