Consumer complaint received 2024-07-31
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION (NJ)

I am writing to formally notify you of a serious issue of identity theft concerning an account fraudulently opened in my name without my knowledge or authorization. An account with Capital One was illicitly created using my personal information. On XX/XX/year>, I filed an Identity Theft Police Report regarding this matter. 
According to the Fair Credit Reporting Acts ( FCRA ) Block of Information section, 15 USC 1681c-2, the law clearly states : ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency of : ( XXXX ) Appropriate proof of the identity of the consumer ; ( XXXX ) A copy of an identity theft report ; ( XXXX ) The identification of such information by the consumer ; and ( XXXX ) A statement by the consumer that the information is not information relating to any transaction by the consumer. 
Violation of Consumer Rights The unauthorized opening of this account constitutes a violation of my consumer rights under both the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). Below, I have outlined the specific violations : Fair Credit Reporting Act ( FCRA ) Violations : 1.Failure to Correct or Delete Inaccurate Information ( 15 U.S.C. 1681i ( a ) ( 5 ) ) : The fraudulent account remains on my credit report despite being inaccurate and unverifiable. 
2.Permissible Purpose (

15 U.S.C. 1681b ( 2 ) ) : The account was opened without a legitimate permissible purpose.

3.Block of Information Resulting from Identity Theft ( 15 U.S.C. 1681c-2 ) : Consumer reporting agencies must block information resulting from identity theft upon receiving appropriate proof. 
4.Civil Liability for Willful Noncompliance ( 15 U.S.C. 1681n ) : Willful failure to comply with FCRA requirements, resulting in harm to the consumer. 
5.Failure to Maintain Reasonable Procedures to Ensure Maximum Possible Accuracy ( 15 U.S.C. 1681e ( b ) ) : The consumer reporting agency failed to ensure the accuracy of the information in my report.

6.Failure to Conduct a Reasonable Reinvestigation ( 15 U.S.C. 1681i ( a ) ) : The consumer reporting agency did not conduct a reasonable reinvestigation of the disputed information. 
7.Civil Liability for Negligent Noncompliance ( 15 U.S.C. 1681o ) : Negligent failure to comply with FCRA requirements.

Fair Debt Collection Practices Act ( FDCPA ) Violations : 1.False, Deceptive, or Misleading Representation ( 15 U.S.C. 1692e ) : Reporting or attempting to collect on a fraudulent account constitutes a false representation.

2.Unfair Practices ( 15 U.S.C. 1692f ) : The use of unfair or unconscionable means to collect or attempt to collect any debt, including the fraudulent account. 
3.Validation of Debts ( 15 U.S.C. 1692g ) : Failure to validate the debt and verify the authenticity of the account.

In light of these violations, I demand that the fraudulent account be immediately removed from my credit report, and any collection activities cease forthwith. Please provide written confirmation of the actions taken to address this matter within 15 days of receipt of this letter.