Consumer complaint received 2024-07-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

have reach out numerous times to XXXX XXXX XXXX they have failed to remove fraudulent items from my credit ( Fraudulent ADDRESSES ) XXXX. XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX  XXXX XXXX. XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX FRADUALENT ACCOUNTS XXXX. Capital One Account XXXX - XXXX XXXX. XXXX XXXX Account Number - XXXX XXXX. XXXX XXXX XXXXXXXX XXXX opened XX/XX/XXXX HARD INQUIRIES - XXXX XXXX XXXX opened XX/XX/XXXX CRA that negligently fails to comply with the FCRA can be held liable for actual damages, costs, ant attorney 's fees. 15 U.S.C. 1681o. A CRA that willfullv fails to comply with the FCRA can be held liable for actual damages ( or statutor damages of un to {$10000.00}. punitive damages.costs, and attorney 15 U.S.C. 1681n The FCRA seeks to ensure the " [ a ] ccuracy and fairness of credit reporting. '' 15 U.S.C. 1681 ( a ). Toward that end, the FCRA mandates that consumer reporting agencies ( " CRAs '' ) " follow reasonable procedures to assure maximum possible accuracy '' of the credit reports that they create. 15 U.S.C. 1681e ( b ). The FCRA also provides that, if a consumer disputes " the completeness or accuracy of any item of information contained in [ his ] file, '' the CRA must " conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate.... '' 15 U.S.C. 1681i ( a ) ( 1 ) ( A ). A CRA that negligently fails to comply with the FCRA can be held liable for actual damages, costs, and attorney 's fees. 15 U.S.C. 1681o. A CRA that willfully fails to comply with the FCRA can be held liable for actual damages ( or statutory damages of up to {$1000.00} ), punitive damages, costs, and attorney 's fees. 15 U.S.C. 1681n. You have a right to disputed anything on your credit report if you think it is wrong. You should always send your disputes to the agencies. If the errors is not fixed, you should consider taking legal actions. Harassing or Abusive Practices 15 U.S.C. 1692d A debt collector in collecting a debt, may not harass, oppress, or abuse any person. For example, a debt collector may not : Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person. Use obscene, profane, or other language that abuses the hearer or reader. Publish a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of Section 603 ( f ) or 604 ( 3 ) of the Act. Advertise a debt for sale to coerce payment. Annoy, abuse, or harass persons by calling repeatedly their telephone number or allowing their telephones to ring continually. Make telephone calls without properly identifying oneself, except as allowed to obtain location information. False or Misleading Representations 15 U.S.C. 1692e A debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. For example, a debt collector may not : Falsely represent or imply that he or she is vouched for, bonded by, or affiliated with the United States or any state, including the use of any badge, uniform, or similar identification. Falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt. Falsely represent or imply that he or she is an attorney or that communications are from an attorney. Harassing or Abusive Practices 15 U.S.C. 1692d A debt collector in collecting a debt, may not harass, oppress, or abuse any person. For example, a debt collector may not : Use or threaten to use violence or other criminal means to harm the physical person, reputation, or property of any person. Use obscene, profane, or other language that abuses the hearer or reader. Publish a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of Section 603 ( f ) or 604 ( 3 ) of the Act. Advertise a debt for sale to coerce payment. Annoy, abuse, or harass persons by calling repeatedly their telephone number or allowing their telephones to ring continually. Make telephone calls without properly identifying oneself, except as allowed to obtain location information. False or Misleading Representations 15 U.S.C. 1692e A debt collector, in collecting a debt, may not use any false, deceptive, or misleading representation. For example, a debt collector may not : Falsely represent or imply that he or she is vouched for, bonded by, or affiliated with the United States or any state, including the use of any badge, uniform, or similar identification. Falsely represent the character, amount, or legal status of the debt, or of any services rendered, or compensation he or she may receive for collecting the debt. Falsely represent or imply that he or she is an attorney or that communications are from an attorney. Communications Connected with Debt Collection 15 U.S.C. 1692b and c For communications with a consumer or third party with the collection of a debt, the term consumer is defined to include the borrowers spouse, parent ( if the borrower is a minor ), guardian, executor, or administrator. When, Where, and With Whom Communication is Permitted Communicating with the Consumer A debt collector may not communicate with a consumer at any unusual time ( generally before XXXX XXXX. or after XXXX XXXX. in the consumers time zone ) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has already given permission for such contacts. A debt collector may not contact the consumer at his or her place of employment if the collector has reason to believe the employer prohibits such communications. If the debt collector knows the consumer has retained an attorney to handle the debt, and can easily ascertain the attorneys name and address, all contacts must be with that attorney, unless the attorney is unresponsive or agrees to allow direct communication with the consumer. Ceasing Communication with the Consumer When a consumer refuses, in writing, to pay a debt or requests that the debt collector cease further communication, the collector must cease all further communication, except to advise the consumer that : The collection effort is being stopped. Certain specified remedies ordinarily invoked may be pursued or, if appropriate, that a specific remedy will be pursued Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( XXXX ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( XXXX ) not state that such consumer owes any debt ; ( XXXX ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( XXXX ) not communicate by post card ; ( XXXX ) 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; and ( XXXX ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.