Consumer complaint received 2024-09-10
Product: Credit card — General-purpose credit card or charge card
Issue: Improper use of your report — Reporting company used your report improperly
Company: CAPITAL ONE FINANCIAL CORPORATION (IN)

The attached document expresses the claimed purpose for my restricted use of my approved card. Based on our conversation and understandings the attached letter is based in fraud as the purpose for restriction is not as the letter states. see below **Capital One N.A. ** XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Re : XXXX ending in XXXX **Case Number : XXXX Dear Capital One, I am writing in response to the letter dated XXXX XXXX XXXX, regarding an alleged fraudulent activity involving a credit card account opened using my personal information. This letter comes despite several prior communications with Capital One and the **Consumer Financial Protection Bureau ( CFPB ) **, as well as ongoing discussions with your fraud department. 

XXXX XXXX XXXX XXXX*Misrepresentation of the Situation and Violations of Consumer Protection Laws : ** Capital One has repeatedly contacted me concerning this alleged fraudulent activity, but to date, I still do not have access to the credit card account, and no resolution has been reached. This ongoing communication, combined with your failure to provide access to the credit card or close the account, amounts to a **misrepresentation** of the situation. 

Furthermore, your actions raise concerns about potential **unauthorized access** to my credit report, which constitutes a violation of **15 U.S.C. 1681q**, as well as the **Fair Credit Reporting Act ( FCRA ) **. Since I have not been granted access to the credit card, and no legitimate extension of credit has occurred, Capital One has accessed my credit report without permissible purposes, violating **15 U.S.C. 1681b**. 
XXXX XXXX XXXX  **Violations and Legal Concerns : ** 1. **Unauthorized Access to My Credit Report ( 15 U.S.C . 1681q ) : ** Capital One has accessed my credit report without my consent or a permissible purpose, as I have not received access to the credit card or a legitimate offer of credit. Under **15 U.S.C. 1681b**, a credit report may only be accessed for specific, permissible purposes, such as when credit is extended or for legitimate offers of credit. The unauthorized access of my credit report constitutes a violation of XXXX*15 U.S.C. 1681q**, which makes it illegal to obtain credit information under false pretenses.

2. **Discrimination and Contracting Rights Violations ( 42 U.S.C. 1981 and 15 U.S.C. 1691 ) : ** I also raise concerns about potential discrimination and a violation of my rights under **42 U.S.C. 1981** and the **Equal Credit Opportunity Act ( ECOA ) ** ( **15 U.S.C. 1691** ). The failure to provide access to my credit card, combined with the unauthorized inquiries made into my credit report, may reflect discriminatory practices that interfere with my right to contract and participate equally in credit transactions. 

Capital Ones refusal to provide proper justification for their actions is also relevant here. As **12 CFR 1002.5** mandates, creditors must provide proper documentation and justification for information they seek from consumers. The failure to follow this regulation, combined with unauthorized actions, indicates a serious violation of my rights.

3. **Coercive Actions and Impact on My Credit Standing : ** Capital One 's unauthorized access to my credit report has caused harm to my credit standing and may have negatively impacted my credit score, reducing my ability to obtain future credit. This harm, actionable under federal law, restricts my ability to engage in future financial transactions, including real estate, employment, housing, and insurance. 

# XXXX XXXX XXXX XXXX XXXX  **Failure to Comply : ** Should I not receive a prompt and appropriate resolution to these issues, including punitive damages and the {$1000.00} civil penalty for violations of the **FCRA**, I will take further legal action, including formal complaints with the **Federal Trade Commission ( FTC XXXX XXXX, **Consumer Financial Protection Bureau ( CFPB ) ** , and other relevant authorities. 

I expect Capital One to handle this matter with urgency and compliance to federal laws governing consumer rights, credit access, and non-discriminatory practices. 

Sincerely, *XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX