Consumer complaint received 2025-11-18 00:00:00
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
State: GA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Capital One Attn : Fraud and Dispute Resolution Department XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Demand for Immediate Investigation and Permanent Removal of Fraudulent Account # XXXX XXXX XXXX XXXX XXXX from All Credit Reports Identity Theft Victim Under FCRA 605B and 623 Dear Capital One Fraud and Dispute Resolution Department : I am writing as a victim of identity theft to formally demand the immediate investigation, verification, and permanent removal of the fraudulent account # XXXXXXXX XXXX XXXX XXXX XXXX ( hereinafter " the Fraudulent Account '' ) from my credit files at all consumer reporting agencies ( CRAs ), including XXXX XXXX XXXX XXXX This account, which you have reported as a business credit card opened on XX/XX/XXXX, with a charged-off balance of {$2500.00} as of XX/XX/XXXX, is not mine. It resulted from a mix-up in my credit files due to identity theft, which I have already disputed multiple times without resolution. Your continued reporting of this inaccurate and fraudulent information violates the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and constitutes willful noncompliance warranting statutory damages, actual damages, punitive damages, and attorney 's fees. 
Background and Evidence of Fraud My credit files were compromised due to a file mix-up and identity theft, leading to the appearance of unauthorized accounts, including this Capital One account. I discovered the fraud on or around XX/XX/XXXX, and promptly filed an Identity Theft Report with the Federal Trade Commission ( FTC Report # XXXX, dated XX/XX/XXXX attached as Exhibit A ). In this report, I explicitly identified the Capital One account # XXXXXXXX XXXX XXXX XXXX XXXX as fraudulent, with a total fraudulent amount of {$2500.00}. The report also details related fraudulent activity on a XXXX XXXX XXXX XXXX account, but my focus here is on your responsibility for the Capital One account. 
I requested suppression of inaccurate information during the file mix-up resolution process with the CRAs. However, upon correction of the files, the Fraudulent Account reappeared on my reports, continuing to damage my credit score and financial opportunities. This reappearance is inexplicable and suggests a failure on your part to properly verify or cease reporting the account after my disputes. 
Attached as Exhibit B is my sworn Affidavit dated XX/XX/XXXX, detailing your violations, including : Inaccurate reporting of the account as charged off on XX/XX/XXXX, despite it being fraudulent. 
Failure to comply with XXXX XXXX guidelines for accurate and timely reporting. 
Violations of FCRA 623 ( a ) ( 1 ) by furnishing inaccurate data to CRAs.

Failure to conduct a reasonable investigation under FCRA 623 ( b ) after my disputes.

Non-issuance of IRS Form 1099-C for the charged-off debt, violating 26 U.S.C. 6050P.

Additionally, attached as Exhibit C are excerpts from my recent credit reports ( dated XX/XX/XXXX ) showing the ongoing derogatory reporting of this account, including late payments from XX/XX/XXXX onward and charge-off notations persisting through XX/XX/XXXX. These reports confirm the account 's status as " Charge-off '' with a past due amount of {$2500.00}, which has no basis in any legitimate activity on my part. 
I have never authorized, opened, or used this account. Any purported " payments '' or activity ( e.g., last payment on XX/XX/XXXX ) are the result of the thief 's actions or reporting errors. Your records likely reflect no valid signature, application, or verification linking this account to me personally. 
Legal Obligations and Violations Under FCRA 605B, as a victim of identity theft with a valid FTC Identity Theft Report, I am entitled to have this fraudulent information blocked from my credit reports within four business days of the CRAs receiving my request. As the furnisher of this data, you are required under FCRA 623 ( a ) ( 1 ) to ensure the accuracy and integrity of information provided to CRAs and to promptly correct or delete inaccurate data upon notice of a dispute. 
Your actions to date constitute : Willful Failure to Investigate : Despite my prior disputes ( including one submitted on [ Date ] ), you have not conducted a reasonable investigation or updated the account status within 30 days, violating FCRA 623 ( b ).

Inaccurate Furnishing of Data : Continuing to report the Fraudulent Account as delinquent and charged off harms my credit and violates FCRA 623 ( a ) ( 1 ) ( A ), which mandates " complete and accurate '' information.

Noncompliance with Identity Theft Protocols : FCRA 623 ( a ) ( 6 ) requires furnishers like Capital One to have procedures to respond to identity theft notifications, including ceasing to report disputed information. Your failure to do so exposes you to liability.

IRS Noncompliance : By not issuing Form 1099-C for the charged-off amount, you have violated federal tax reporting requirements, potentially subjecting me to undue tax scrutiny.

These violations have caused me substantial harm, including : Denial of credit opportunities ( e.g., loan denials ). 
Increased interest rates on existing obligations. 
Emotional distress, XXXX, and stress from ongoing credit damage. 
Potential tax penalties due to unreported forgiveness of debt. 

I estimate my total damages exceed {$10000.00}, including statutory penalties of up to {$1000.00} per willful FCRA violation under 15 U.S.C. 1681n.

Demands Pursuant to FCRA and applicable law, I demand that you : Immediately Cease Reporting : Stop furnishing any information related to the Fraudulent Account to all CRAs within five ( 5 ) business days of receiving this letter.

Investigate and Delete : Conduct a full investigation and permanently delete the account from my credit files, notifying all CRAs of the deletion within ten ( 10 ) business days. Provide me with written confirmation of the deletion and a copy of your investigation results. 
Correct All Records : Update your internal records to reflect the account as fraudulent and not associated with me in any way. 
Compensate for Harm : Pay me {$5000.00} in settlement for the damages caused by your noncompliance, or face litigation for actual, statutory, and punitive damages.

Provide Documentation : Supply all documents related to the account 's opening, including applications, signatures, and verification records, within fifteen ( 15 ) days. 

Failure to comply within the timelines specified will result in my filing a lawsuit in federal court under the FCRA, seeking maximum damages, costs, and fees. I will also report your noncompliance to the Consumer Financial Protection Bureau ( CFPB ), FTC, and IRS for further investigation. This is your final opportunity to resolve this matter amicably. 
I expect your written response and confirmation of compliance by XX/XX/XXXX. All communications should be directed to me at the address above. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation