Consumer complaint received 2023-02-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX XXXX have been calling me and sending me letters about an alleged debt owed to CAPITAL ONE BANK for {$340.00}. On XX/XX/22, I wrote them a Request for Validation of Debt Pursuant to 15 USC 1692g. I requested information that would validate my debt to them, along with the original contract with my wet signature. I have never done business with XXXX XXXX XXXX or signed any contract with them. 

On XX/XX/22 I received another letter from them and this collection is on all three of my credit reports currently. According to 15 USC 6802 ( b ) ( 1 ) ( b ) Obligations with respect to disclosures of personal information : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; This is a violation because I did not give anyone disclosure to my nonpublic information, especially not a third party I did no such business with.

Secondly, 15 USC 1692c. Communication in connection with debt collection : ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 

I never gave XXXX XXXX XXXX, XXXX direct consent to contact me nor did I give consent to CAPITAL ONE BANK to allow my information to be disclosed to any third party.

15 U.S. Code 1692b ( 5 ) - Acquisition of location information, states that : Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; 15 U.S. Code 1692e ( 2 ) ( 8 ) ( ( 10 ) ( 11 ) - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.

( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.

( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.

1. This collector used false and misleading information by stating that they are the creditor to whom the debt is owed. They are a third party and NOT the original creditor. 2. They also offered me three payment plans with savings options. That is false and misleading and a false representation of the amount of debt.

3. They enclosed a statement that says " the savings will be applied to the balance and your account will be considered paid-in-full for less than the full balance after your final payment is successfully posted. Within approximately 30 days of your final payment successfully posting, we will request that the three major credit reporting agencies delete our tradeline related to your account from your credit bureau report. '' Again, I never gave them or CAPITAL ONE BANK any disclosure to report ANY non public information to a third party or give anyone access to my credit report, especially not a company I have no original contract with.

Company response to consumer: Closed with explanation