Consumer complaint received 2024-05-30
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: CAPITAL ONE FINANCIAL CORPORATION (OH)

This notice is to inform you that you are unlawfully reporting an unauthorized inquiry on my consumer report. I have not given you permission to access my credit profile and you have no permissible purpose by law to contact third parties with my private or personal information. 
By obtaining my consumer report on XX/XX/XXXX knowingly without any permissible purpose you are in violation of the Fair Credit Reporting Act ( FCRA ) codified at 15 U.S.C 1681b ( a ) 3 ( f ) ( i ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( S.D. XXXX. XXXX ) I have not initiated any transaction with Capital One. Furthermore, I do not have an account as defined under 15 U.S.C. 1693a ( 2 ) with Capital One for review or collection.

Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment, in addition to civil liability.

Pursuant to 15 U.S.C. 1681n ( a ), Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under Title 18, imprisoned for not more than 2 years, or both.

You are in violation of the Fair Credit Reporting Act ( FCRA ), [ 15 U.S.C 1681b ( a ) XXXX ( f ) ( i )., for unlawfully obtaining my Experian consumer report on { Insert your date XX/XX/XXXX } without my authorization or a permissible purpose under the 15 USC 1681b ( 2 ) Fair Credit Reporting Act ( FCRA } and its guidelines for permissible purpose.

A person shall not use or obtain a consumer report for any purpose unless ; The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section.

The purpose is certified in accordance with section 1681b ( f ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( S.D. XXXX. XXXX ). 

FCRA section 604 ( f ) provides that a person shall not use or obtain a consumer report for any purpose unless the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under [ FCRA section 604 ] and the purpose is certified in accordance with FCRA section 607 by a prospective user of the report through a general or specific certification.

I am requesting the General or specific certification that was sent to the consumer reporting Agencies! This request is being made pursuant rule 1002.

FCRA section 619 imposes criminal liability on any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses.

Consumers suffer harm when consumer reporting agencies provide consumer reports to persons who are not authorized to receive the information or when recipients of consumer reports obtain or use such reports for purposes other than permissible purposes. These harms include the invasion of consumers privacy, as well as reputational, emotional, physical, and economic harms.

I have been denied new credit, I have been denied increases in lines of credit because of your willful violation of the FCRA, I am willing to settle your civil liability damages I have suffered as a result of your violation for {$1000.00} pursuant FCRA 616 ( a ) ( 1 ) ( B ) [ 15 U.S.C. 1681n ]. Should you fail or refuse to settle the matter by tendering payment in the amount of {$1000.00} within ten ( 30 ) calendar days of receipt of this notice and demand, I will seek actual damages which are greater than {$1000.00}.

The advisory opinion of the BUREAU OF CONSUMER FINANCIAL PROTECTION BILLING CODE : XXXX XXXX CFR Part XXXX Fair Credit Reporting ; Permissible Purposes for Furnishing, Using, and Obtaining Consumer Reports also reminds consumer report users that FCRA section 604 ( f ) strictly prohibits a person who uses or obtains a consumer report from doing so without a permissible purpose. 
I have been damaged as a result of your failure to follow the law. I am requesting the DELETION of the inquiry that was placed on my XXXX consumer report on XX/XX/XXXX. 

15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

I pulled my Consumer reports from ( XXXX, XXXX & XXXX ) and I notice you have furnished an account there as a charge off { / collections. } An account can not be a charge off and a collection at the same time! A charge off is a cancelled debt where a form XXXX must be issued to the consumer! How can you collect on a canceled debt? 
The collection on a cancelled debt that has been charge off constitutes tax fraud and the matter will be reported to the IRS! I will be filing a XXXX XXXX XXXX off definition : Charge-off. Write off of a debt and termination of servicing activity without release of liability. A charge-off is a decision by the Agency to remove debt from Agency receivables , however, future payments may be received.

Write off : a write-off of debt is cancellation of a debt in the account books of a creditor. When a creditor writes off a debt and charges the debtor on the extra amount after the written off debt, it can be taken as evidence that the debtor is discharged from that written off debt. 


cancellation of a debt : https : XXXX XXXX XXXX XXXX XXXX Affect Taxes? 
The IRS considers most forms of forgiven, canceled or settled debt as income for tax purposes. If the amount of your canceled debt is more than {$600.00} and it's considered taxable, the lender is required to send you a XXXX form, which includes the cancelled amount that you'll need to report. 

You CAPITAL ONE has have furnished this account as a charge off / collections you are in violation of the Fair Credit Reporting Act 15 USC 1681.

15 USC 1681e ( b ) ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 
The reporting of inaccurate information to a consumer reporting agency is damaging to my credit worthiness, credit standing, credit capacity, character, and general reputation. 
You CAPITAL ONE are a furnisher of information you are prohibited by law from reporting inaccurate information. 
XXXX XXXX XXXX XXXX - Responsibilities of furnishers of information to consumer reporting agencies Duty of furnishers of information to provide accurate information. 

( XXXX ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

The IRS defines a Charge Off as cancelled debt. When a debt is cancelled a FORM XXXX must be issued. The IRS states that a cancelled debt is Gross or ordinary income, INCOME DOES NOT GET REPORTED TO THE CONSUMER REPORTING AGENCIES. 
You have been put on notice.

15 USC 1681s-2 ( B ) ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

Delete the following account from my consumer reports : XXXX 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

You have 15 calendar days from the receipt of this notice to delete the inaccurate information from my consumer reports.

I am not asking for verification or validation of this account. DO NOT WASTE MY TIME WITH STALL LETTERS the only response to this letter is the Deletion of the inaccurate information being furnished. 

Any other response will result in me taking legal action! 

Yours truly, XXXX XXXX Without Recourse all rights reserved XXXX XXXX Subject : Dispute of Inaccurate Information on Consumer Report I am writing to dispute the inaccurate information furnished on my consumer report that your agency has provided to third parties. The presence of inaccurate information on my credit report is a direct violation of the Fair Credit Reporting Act ( FCRA ) as specified in 15 USC 1681. The specific violations under the FCRA include 15 USC 1681 ( e ) ( b ) and 15 USC 1681s-2.

I have thoroughly reviewed the consumer report that I obtained from your agency, and I have identified several items that are factually incorrect and detrimental to my creditworthiness. These inaccuracies have caused severe financial harm and have negatively impacted my ability to secure loans and credit on fair terms. 
The disputed information on my credit report is as follows : CREDITOR NAME CAPITAL ONE INQUIRY DATE XX/XX/XXXX Delete this unconfirmed inquiry lacking certifiable evidence of lawful permissible purpose CAPITAL ONE XXXX XXXX XXXX The currently reported CAPITAL ONE with account number displayed as this information is NOT REPORTED on Trans Union in this reported claim on my Trans Union report , shown as this information is NOT REPORTED on XXXX in this reported claim on my XXXX report, and alleged as this information is NOT REPORTED on XXXX in this XXXX claim on my XXXX report. Any inconsistency, incompleteness, inaccuracy, or omission of the reported item serves as a divergence from the mandatorily utilized reporting industrys own Metro 2 Data-filled Field Formatted reporting compliance standards, of which there can be NO DEVIATION without JEOPARDIZING THE INTEGRITY OF THE DATA ( see XXXX XXXX XXXX ) and as so is lawfully questionable until evident confirmation of all aspect ( XXXX ) of claim ( XXXX ) are factually true, correct, complete, timely, physically verifiable, and elsewise undeniably valid particularly if not certifiably compliant in full according to the above-mentioned Metro XXXX formatted industry requirements. With that in mind, please consider the following suspect reported data fields alleged for this now contested reported item of injury : CREDITOR NAME CAPITALONE INQUIRY DATE XX/XX/XXXX Delete this unconfirmed inquiry lacking certifiable evidence of lawful permissible purpose A consumer reporting agency must have reasonable procedures to ensure the accuracy and fairness of consumer credit reports. Consequently, I am requesting a thorough investigation into the disputed items and verification of their accuracy in accordance with 15 USC 1681 ( e ) ( b ).

Furthermore, as per 15 USC 1681s-2, I request that you promptly notify the data furnishers associated with the disputed information about my dispute. They are providing inaccurate information and under 15 USC 1681s-2 they are prohibited by law to furnish information that they know is in accurate or have reason to believe is in accurate. 
You must inform them that the information in question is under dispute, and they must cease reporting this information until a thorough investigation has been completed. 
The Following accounts contains multiple inaccurate information : CREDITOR NAME CAPITAL ONE INQUIRY DATE XX/XX/XXXX Delete this unconfirmed inquiry lacking certifiable evidence of lawful permissible purpose CAPITAL ONE XXXX XXXX XXXX The currently reported CAPITAL ONE with account number displayed as this information is NOT REPORTED on Trans Union in this reported claim on my Trans Union report , shown as this information is NOT REPORTED on XXXX in this reported claim on my XXXX report, and alleged as this information is NOT REPORTED on XXXX in this reported claim on my XXXX report. Any inconsistency, incompleteness, inaccuracy, or omission of the reported item serves as a divergence from the mandatorily utilized reporting industrys own Metro 2 Data-filled Field Formatted reporting compliance standards, of which there can be NO DEVIATION without JEOPARDIZING THE INTEGRITY OF THE DATA ( see XXXX XXXX XXXX ) and as so is lawfully questionable until evident confirmation of all aspect ( XXXX ) of claim ( XXXX ) are factually true, correct, complete, timely, physically verifiable, and elsewise undeniably valid particularly if not certifiably compliant in full according to the above-mentioned Metro XXXX formatted industry requirements. With that in mind, please consider the following suspect reported data fields alleged for this now contested reported item of injury : CREDITOR NAME CAPITALONE INQUIRY DATE XX/XX/XXXX Delete this unconfirmed inquiry lacking certifiable evidence of lawful permissible purpose I demand that you conduct a comprehensive and impartial investigation within the time frame mandated by the FCRA, which is 30 days from the date of receipt of this dispute letter. Failure to adhere to this requirement will be regarded as a violation of federal law. 
Upon the completion of your investigation, I expect to receive a written report of the results, along with a copy of my updated credit report reflecting the necessary corrections or deletions. If your investigation reveals that any of the disputed information is inaccurate, incomplete, or unverifiable, you must take immediate action to rectify this matter in compliance with 15 USC 1681i ( 5 ).

Additionally, I insist that you provide me with a written statement confirming that the inaccuracies have been corrected and that the updated credit report has been sent to all parties who have received my consumer report within the past two years.

Please be advised that I am fully aware of my rights under the FCRA, and I am prepared to pursue all legal remedies available to me should you fail to comply with the law 's requirements.

As per the Metro2 Reporting Guidelines and the FCRA, I request that you initiate a comprehensive investigation into the disputed items promptly. This includes conducting a Metro2 compliant investigation and contacting the data furnishers associated with the inaccurate information. 

Thank you for your prompt attention to this matter. I expect a timely response and resolution of this dispute in compliance with the FCRA. 
Sincerely, XXXX XXXX Account CAPITAL ONE XXXX XXXX XXXX