Consumer complaint received 2025-07-01 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: MA

Complaint narrative:
COMPLAINT WITH THE CONSUMER FINANCE PROTECTION BUREAU ( " CFPB '' ) I, XXXX XXXX XXXX, XXXX, hereby submit this complaint to the Consumer Finance Protection Bureau ( " CFPB '' ) in regards to the fraudulent Capital One account ( XXXX .... / Balance {$3100.00} / Opened XX/XX/XXXX ) that XXXX  has thus far refused to remove from my credit profile despite my request for them to do so due to identity theft. As noted below, this account was the result of identity theft and is not an account that I opened, nor an account that I benefited from. 

INTRODUCTION : XXXX. On or about XX/XX/XXXX, I submitted an identity theft dispute to XXXX  regarding a fraudulent Capital One account ( XXXXXXXX XXXX  / Balance {$3100.00} / Opened XX/XX/XXXX ) that was opened as a result of identity theft. Enclosed with that dispute I included a Federal Trade Commission Identity Theft Report, a personal affidavit explaining additional facts, a docket report from a Massachusetts civil case that I filed against a defendant named XXXX XXXX ( the person I believe was responsible for opening the Capital One account using my identity ), and a notarized copy of my Federal Bureau of Prisons ( " FBOP '' ) identification photocopied on a letter from a staff member at my current place of XXXX. This notarized copy of my FBOP identification and accompanying letter explained that I am presently XXXX  at the XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, in XXXX, XXXX, XXXX. 

XXXX. On or about XX/XX/XXXX, I received a response from XXXX  ( Report XXXX. XXXX ) requesting additional information. Specifically, and despite the fact that I sent XXXX  a notarized copy of my FBOP identification photocopied on a letter of XXXX  from staff listing my current XXXX  address, XXXX  wrote that I still needed to confirm my identity by sending " One copy of a government issued identification card, such as a driver 's license or state ID card, displaying your address '' and " One copy of a current utility bill, bank or insurance statement. '' 3. For the record, I'd like to state that the notarized copy of my FBOP identification photocopied on a letter of XXXX  that listed my current XXXX  address appears to meet the identification requirements under the statute. The FBOP identification is issued by the federal government and the letter accompanying my FBOP identification listed the address where I am presently XXXX. 

4. Despite this fact, on XX/XX/XXXX, I replied to XXXX  's request for more information. In my reply, I included my Massachusetts XXXX Supervisor License ( which listed my residential address of XXXX XXXX XXXX, XXXX, XXXX, XXXX ), my XXXX XXXX XXXX ( which also listed my residential address in XXXX XXXX MA ), an IRS letter ( which also listed my residential address in XXXX XXXX MA ), a copy of an Third XXXX XXXX XXXX XXXX ( which listed my place of XXXX  address in XXXX, MA ), and a copy of the notarized FBOP identification and letter of XXXX  that I submitted with the initial identity theft dispute ( also listing my place of XXXX  address in XXXX, MA ). I will attach these documents to this complaint with the CFPB. 

MY CIVIL CASE AGAINST DEFENDANT XXXX XXXX ( XXXX of Massachusetts, XXXX XXXX XXXX XXXX, Case No. XXXX ) : 5. I am attaching the following four Court documents for review : ( 1 ) The front page of the Docket Report : This evidences the fact that myself and my father, XXXX XXXX XXXX, XXXX, have a pending civil matter against XXXX XXXX. ( 2 ) Notice from the Court : This shows that the case is current and active, and that I'm waiting for the a rescheduled date from the Court. ( 3 ) The Complaint : This document describes in the detail the fraud committed against my father and I by XXXX XXXX. Please note that this fraud was perpetrated against us around the same time as the Capital One account fraud in question. The fraudulent Capital One account was opened in XX/XX/XXXX and the fraud perpetrated against us in the Complaint ( fraudulently using our XXXX and XXXX  accounts ) was commenced in XXXX of XXXX. Additionally, and as paragraph XXXX of this Complaint details, XXXX XXXX was believed to have gained access to the the document that contained my father and I 's personal and financial information, which he used to gain access to our email and financial accounts. At that time, I beleived this was the approximate date when XXXX XXXX stole this document. When I later learned of the fraudulent Capital One account opened with my identity in XX/XX/XXXX, I realized that XXXX XXXXl must have gained access to this document months earlier without my knowning. ( XXXX ) XXXX Statement for XX/XX/XXXX - XX/XX/XXXX : This statement evidences payments made directly to XXXX XXXX on XX/XX/XXXX and XX/XX/XXXX. XXXX XXXX gained access to our XXXX accounts and transferred our funds directly to his own XXXX account. I can provide other XXXX and XXXX statements upon request. 

THE FRAUDULENT CAPITAL ONE ACCOUNT AND XXXX XXXX : XXXX. I could not add the fraudulent Capital One account to this civil case against XXXX XXXX because I did not have any factual proof that this account was opened by him ( as is the case with the XXXX statement where he gained access to our XXXX accounts and sent funds directly to his own name ). Please note that this all began when XXXX XXXX obtained a document that listed my father and I 's personal and financial information ( social security numbers, date of births, addresses, credit card numbers, financial account login info, email account login info ) and with this was able to gain access to our email and financial accounts. Altogether he caused us over {$26000.00} in fraud in XXXX. We were able to submit claims against many of the charges and accounts as fraud, and most of the transactions were reversed, but several were not. Further, and as the record shows, in XXXX  we placed fraud alerts on both my and my father 's credit profiles after learning that XXXX XXXX was using our identity and committing fraud in our names. To the best of my knowledge, and upon discovering some of the facts surrounding the Capital One account opened in my name, I believe XXXX XXXX did the following : First, he obtained a pre-paid phone in my name ( in a letter from Capital One, a phone number was listed that was used to fraudulently open the Capital One account - this phone number is not mine ). Then, he opened up a Capital One account online and in my name using my aunt 's address ( XXXX XXXX XXXX, XXXX XXXX, FL, XXXX - an address I've used while XXXX  ). Apparently, as soon as the account was opened, Capital One allowed XXXX XXXX to obtain the credit card number from the online account he created before the card actually arrived in the U.S. mail ( apparently, this was something Capital One allowed then - I'm not sure if they still allow this ). When my aunt received the Capital One credit card in the mail, she assumed this was a card offer from Capital One, and thought nothing more of it. XXXX XXXX then added that Capital One credit card to my father 's XXXX account, which he had gained access to by using my father 's email account ( which he also gained access too ), bought approximately {$3000.00} in crypto and most likely sent those fudns to a wallet he created. We submitted a claim to XXXX, but XXXX couldn't resolve the claim since the transaction had already taken place and crypto transactions are not reversible. 

OUR REPORT 'S OF THE XXXX  XXXX 'S FRAUDULENT ACTIVITY : XXXX. My family submitted numerous reports of this fraudulent activity to the FBI, the DOJ, the FBOP, XXXX XXXXXXXX XXXX XXXX XXXX, and more. None of those organizations or individuals replied or investigated the actions of XXXX XXXX. These reports to these agencies are available upon request. 

MY REQUEST/DEMAND : XXXX. In XX/XX/XXXX, I requested that this account be blocked from my credit file due to identity theft. Among the other required documentation, I provided a notarized copy of my federal government issued identification ( issued by the FBOP ) accompanied with a letter of XXXX  that listed my current XXXX  address. These identifying documents should have been adequate and XXXX  should have, according to statute, blocked the Capital One account from my credit file within 4 days. Instead, on XX/XX/XXXX XXXX  responded with a request for further identification. On XX/XX/XXXX, and as mentioned above, I replied with more identifying documentation, including my valid and current Massachusetts Construction Supervisor License and a statement from XXXX XXXX, both which listed my address in XXXX, MA. 

9. I now request and demand again that this Capital One account be blocked from my credit file because it was opened due to identity theft.

10. Pursuant to 15 USC 1681c-2 ( a ), the statue governing the blocking of information resulting from identity theft, " a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an identity theft, not later than 4 business days after the date of receipt by any such agency of - ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of the identity theft report ; ( 3 ) the identification of such information by the consumer, and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. '' I complied with the statute by sending each of these documents to XXXX  on XX/XX/XXXX, yet XXXX  did not block the requested information. Instead, they replied with a request for additional identifying documents which they were not required to ask for. The identifying documents sent with my initial request were notarized and sufficient proof my my identity. The delay in blocking this account resulted in denials of credit and credit line increases from creditors. 

11. Further, according to 15 USC 1681c-2 ( c ), the section of this statute that governs a credit reporting agency 's authority to decline or rescind a block, " [ a ] consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that - ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transactions or transactions. '' In regards to my request to block the Capital One account : ( A ) my request was not submitted in error ; ( B ) my request was not based on a material misrepresentation ; and ( C ) I did not obtain possession of goods, services, or money as a result of the blocked transactions. Further, I've submitted copious documentation that evidences the fact that fraud was perpetrated against us by XXXX XXXX XXXX at the same time that the Capital One account was opened in my name as a result of identity theft. Finally, during this same time, and once we learned of the identity theft in XXXX, my father and I requested fraud alerts on each of the three major credit reporting agencies. Therefore, I now request and demand that the Capital One account be removed from my credit file with XXXX. If the account is not removed soon after the receipt of this request, I will file a complaint with the Federal Trade Commission and in court.

Company response to consumer: Closed with explanation