Consumer complaint received 2024-07-03
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION (TX)

This notice is correspondence to a letter received from your company on ( XX/XX/XXXX ) where you state you are attempting to collect a debt of {$720.00} owed to the person CAPITAL ONE N.A. 
I dont have an agreement with XXXX  XXXX XXXX XXXX or CAPITAL ONE BANK N.A that proves my liability to this debt you are attempting to collect and refuse to pay this alleged debt until you or the original creditor provide me with the signed agreement with my signature on it your company has on file. This debt is a direct result of IDENTITY THEFT pursuant to 18USC1028.

According to 15USC 1691 ( c ) Ceasing Communication ; THIS SECTION OF THE LAW STATES- If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the Consumer with respect to such debt. 

Your offenses to reporting this alleged debt to collections amount to AGGRAVATED IDENTITY THEFT pursuant to 18USC 1028 ( A ). CAPITAL ONE knowingly transferred, possessed or used a means of identification of me without lawful authority which is a felony civil liability & defamation. 

Under the New Rule REGULATION F which took effect on XX/XX/XXXX, by reporting this account and parking this alleged debt on my Consumer Report, you are violating the FDCPA & 10006.30a and its new rule you must CEASE AND DESIST ALL COLLECTIONS ACTIVITY NOW. 


XXXX XXXX XXXX XXXX may not disclose my personal information to any third party for any cause. I am exercising my nondisclosure option pursuant to 15USC6802 ( b ). 

According to USC 6802 Section ( b ) OPT OUT THE LAW CLEARLY STATES THIS FACT. 
( XXXX ) In General A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) Such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party. 
( 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; and ( C ) The consumer is given an explanation of how the consumer can exercise that nondisclosure option. 

According to 18USC1028 ( a ) THE LAW CLEARLY STATES HOW YOURE IN VIOLATION ( a ) Offenses. 
( XXXX ) In general. 
Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 

If XXXX XXXX XXXX XXXX or CAPITAL ONE N.A attempt to collect this alleged debt not owed further, your company will be liable for all actual damages caused to my family and I.