Consumer complaint received 2024-04-25
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 (TX)

To whom it may concern, I'm writing to address a concerning matter regarding the information furnished by Capital One account # XXXX that is adversely affecting my creditworthiness. Upholding principles of good faith in our interactions is essential for both parties involved. I've consistently acted in good faith and expect Capital One to reciprocate this approach. Capital One asserts the validity of an alleged credit card debt, which raises significant questions as I have no recollection of entering into any agreement with Capital One regarding the debts it claims I am obligated to pay. 

First and foremost, I'm deeply troubled by how Capital One gained access to my means of identification, as defined by XXXX  law under section 32.51 of the Penal Code. Capital One 's unauthorized possession and transfer of my means of identification constitute identity theft, resulting in severe harm to me. Furthermore, Capital One 's furnishing of my information to credit reporting agencies such as XXXX and XXXX contributes to its classification as a credit reporting agency under XXXX law. I request immediate proof of authorization granting Capital One permission to access my personal information and share it with third parties. Regardless of the validity of the debts in question, Capital One has collected and furnished my information unlawfully. 

Under XXXX law, Capital One is operating as a credit reporting agency, not solely as a debt collector, as it regularly collects and evaluates information about consumers ' credit history and financial behavior, and shares this information with other entities. Consequently, Capital One plays a significant role in influencing individuals ' credit scores and financial opportunities, similar to credit reporting agencies such as XXXX, XXXX, and XXXX. Denying this classification would be contrary to XXXX law. 

Furthermore, as Capital One is classified as a credit reporting agency under XXXX law, it is obligated to comply with my written instructions as a consumer without delay. Pursuant to XXXX law, my written instructions must not be disregarded. I hereby invoke my rights under XXXX law to direct Capital One to delete its tradeline on my consumer report, as outlined in section 20A of the Texas Business & Commerce Code. 

Moreover, under XXXX law, Capital One is required to initiate an investigation into my dispute and disclose the results within 30 days of receiving this complaint, as per section 20A of the Texas Business & Commerce Code. Failure to conduct an investigation and comply with my written instructions will constitute willful non-compliance under XXXX law, entitling me to damages. Capital One has incurred multiple violations, in addition to potential criminal action for identity theft. I demand immediate compliance with my written instructions. 

I refuse to tolerate deceptive and manipulative practices by debt collectors, which exploit unsuspecting consumers ' lack of knowledge about their rights. I remind Capital One that this communication is occurring through a governmental agency website, and I am prepared to report Capital One 's unlawful actions to the appropriate authorities. It is imperative that both parties operate in good faith and fulfill their legal obligations under XXXX law. 

To reiterate, I direct Capital One to promptly delete its tradeline on my consumer report and initiate an investigation into my dispute as required by XXXX  law. Failure to comply will result in legal action and civil penalties. To achieve a fair resolution, I propose the following : Capital One must delete its tradeline on my consumer report immediately and provide confirmation of this action within 30 days. 
Capital One must initiate an investigation into my dispute and provide the results within the stipulated 30-day period. 
Capital One must cease all debt collection activities with prejudice. 
As part of a fair resolution, I recommend that employees of Capital One receive training on consumer laws, including but not limited to XXXX  Penal Code section 32.51, Texas Business & Commerce Code section 20A, and relevant federal statutes. I trust that Capital One will prioritize this matter and take the necessary steps to resolve it expediently and in accordance with Texas law. 

Attached is a copy of my notarized police report and FTC report. I expect this to be removed from my credit report as soon as possible. 

Sincerely, XXXX XXXX