Consumer complaint received 2025-03-02 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NV

Complaint narrative:
XXXX XXXX [ Date : XX/XX/XXXX ] Capital One Attn : XXXX Department Subject : Cease and Desist Violation of Federal Credit Laws & Immediate Removal of Erroneous Account Reporting Dear XXXX Officer, This letter serves as a formal demand under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), the Truth in Lending Act ( TILA ), and all applicable consumer protection laws for the immediate removal of the account associated with Capital One from my credit report. 

Upon reviewing my credit report, I found that your company has unlawfully reported, misrepresented, and continued to furnish inaccurate information in violation of federal law. This letter serves as a Cease and Desist Notice regarding any further reporting, communication, or collection activity concerning this alleged debt. 

Violations of Federal Laws and Case Law Supporting Removal XXXX. Fair Credit Reporting Act ( FCRA ) Violations ( 15 U.S.C. XXXX et seq. ) Furnishing Inaccurate Information ( 15 U.S.C. XXXX ( a ) ) : The payment history associated with this account is inconsistent, erroneous, and misleading, violating the requirement for furnishers to report only accurate and complete information under XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 
Failure to Conduct a Reasonable Investigation ( 15 U.S.C. XXXXi ( a ) ) : The account history contains negative marks despite the balance being reported as {$0.00}. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX of XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), such reporting is misleading and legally actionable. 
XXXX. Fair Debt Collection Practices Act ( FDCPA ) Violations ( 15 U.S.C. XXXX et seq. ) False, Deceptive, and Misleading Practices ( 15 U.S.C. XXXXe ) : The continued reporting of derogatory information, despite the account showing a XXXX balance, constitutes deceptive collection practices under XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ). 
Unfair Practices ( 15 U.S.C. XXXX ) : It is unfair and unconscionable for your company to continue reporting late payments on a closed, XXXXbalance account, as established in XXXX v. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ). 
XXXX. Truth in Lending Act ( TILA ) Violations ( 15 U.S.C. XXXX et seq. ) Failure to Provide Accurate Credit Terms ( Regulation Z, XXXX XXXX XXXXXXXX ) : If fees, penalties, or interest calculations were improperly disclosed before the account closure, this would constitute a TILA violation. 
XXXX. Constitutional and Common Law Violations Due Process Violations ( XXXX and XXXX Amendments ) : By failing to validate the accuracy of this account, you have violated my constitutional right to due process, as established in XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ). 
Defamation and Negligent Misrepresentation : Your company has published damaging, misleading, and false information about my creditworthiness, which constitutes defamation and negligent misrepresentation under XXXX XXXX XXXX & XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 

Demand for Immediate Action Due to these legal violations, I am formally demanding the following actions be taken within XXXX days : XXXX. Permanent deletion of this account from all credit reporting agencies ( Equifax, Experian, and TransUnion ). 
XXXX. Immediate cessation of all reporting and collection activity related to this alleged debt. 
XXXX. Written confirmation of compliance with these demands. 

Failure to comply will result in legal action, including but not limited to : Filing complaints with the CFPB, FTC, and XXXX XXXX XXXX  Office. 
Pursuing legal action for statutory and punitive damages under FCRA, FDCPA, and TILA. 

This letter serves as official notice under 15 U.S.C. XXXX et seq. and is admissible as evidence in court. I suggest that you immediately remove the account to avoid litigation. 

I expect a written response confirming compliance by XX/XX/XXXX 2025. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief