Consumer complaint received 2026-03-22 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WA

Complaint narrative:
I am submitting this complaint regarding XXXX XXXX XXXXXXXX XXXX, acting on behalf of Capital One, for attempting to collect on an alleged debt that is the result of documented identity theft and fraud, and for escalating collection activity to litigation despite being placed on repeated notice of that fact. I am a Washington State resident and am afforded protections under Washington consumer protection laws. This matter has been formally submitted to the Washington State Attorney Generals Office for review and potential investigation, and both Capital One and XXXX XXXX XXXX are on notice that this issue has been escalated to state regulatory authorities. This matter has already been documented and reported through multiple channels, including : Formal written disputes sent directly to Capital One Prior complaints submitted through the Consumer Financial Protection Bureau ( CFPB ) A 7-year extended fraud alert placed with all three major credit bureaus Law enforcement reports , including an active United States Postal Inspection Service ( USPIS ) investigation The alleged account remains disputed indefinitely due to identity theft and fraud, regardless of any facts, findings, conclusions, or investigations made or asserted by Capital One , XXXX XXXX XXXX , or any third party acting on their behalf. This dispute is ongoing and is not subject to resolution or closure based on any internal review. Capital One has received and retains copies of all identity theft documentation, including supporting reports and evidence establishing that the account is fraudulent. Additionally, there is an ongoing investigation involving identity theft activity within our neighborhood, and our household has been fully cooperating with law enforcement authorities in connection with that investigation. Despite this : Capital One indicated that it understood there was an identity theft issue associated with this account. Contrary to that position, Capital One subsequently transferred or assigned the alleged account to XXXX XXXX XXXX, XXXX, a third-party debt collection law firm. XXXX XXXX XXXX then proceeded to initiate a lawsuit attempting to collect on this alleged debt. XXXX XXXX XXXX was further placed on direct notice of the identity theft XXXX filed his Answer/Response to the lawsuit, explicitly stating that the alleged account is associated with identity theft and fraud. Despite receiving repeated noticeincluding direct notice within active XXXX & XXXX has continued to pursue collection through legal action. This conduct reflects a clear contradiction and raises serious concerns that both Capital One and XXXX XXXX XXXX are proceeding with collection and litigation efforts despite having been repeatedly and directly informed that the account is the result of identity theft and remains disputed indefinitely. Violations of the Fair Debt Collection Practices Act ( FDCPA ) XXXX XXXX XXXX actions raise serious concerns regarding violations of the Fair Debt Collection Practices Act ( FDCPA ), including but not limited to : 15 U.S.C. 1692e False, Deceptive, or Misleading Representations 15 U.S.C. 1692e ( 2 ) ( A ) Misrepresentation of the legal status of a debt 15 U.S.C. 1692e ( 10 ) Use of deceptive means to attempt to collect a debt 15 U.S.C. 1692f Unfair or unconscionable means to collect a debt 15 U.S.C. 1692g ( b ) Continuing collection activity on a disputed debt without proper validation XXXX XXXX XXXX has been placed on repeated notice, including direct notice within litigation, yet has continued collection efforts. Violations of Washington State Consumer Protection Laws As a Washington State resident, this conduct also raises concerns under : Washington Consumer Protection Act ( RCW 19.86.020 ) Unfair or deceptive acts or practices RCW 19.86.093 Conduct affecting the public interest As well as the : Washington Collection Agency Act ( RCW 19.16.250 ) Prohibited practices Including attempts to collect a claim without a reasonable basis or while disregarding information demonstrating that the claim is invalid due to identity theft Impact This situation has caused significant harm, including : The burden of defending against a wrongful lawsuit Ongoing stress related to identity theft Time and financial costs associated with addressing fraudulent activity Escalation of harm despite cooperation with law enforcement and regulatory agencies Reservation of Rights and Damages Notice Due to the continued collection activity and escalation to litigation on an account that has been repeatedly identified as identity theft, the consumer has been placed in a position where legal representation may become necessary to defend against wrongful claims. Any costs incurred, including but not limited to attorneys fees, court costs, time, and associated damages resulting from this matter, are being documented and expressly reserved. XXXX XXXX XXXX and Capital One are hereby on notice that their continued actionsdespite repeated and documented notice of identity theft, including direct notice within litigationmay result in additional liability, including damages arising from wrongful collection activity and litigation conduct under applicable federal and Washington State consumer protection laws. Requested Resolution I am requesting the following : Immediate dismissal of any lawsuit filed by XXXX XXXX XXXX related to this alleged account Immediate cessation of all collection activity Written confirmation that the alleged account is recognized as fraudulent Permanent removal of the account from all credit reporting agencies Confirmation that no further collection or legal action will be pursued Additional Notice Both Capital One and XXXX XXXX XXXX have been placed on repeated notice of identity theft and supporting documentation, including : Direct disputes Regulatory complaints Law enforcement reports Formal notice within active litigation filings Submission of this matter to the Washington State Attorney General for review Because this account remains disputed indefinitelyregardless of any findings or conclusions made by Capital One or XXXX XXXX XXXX continued attempt to collect, report, or litigate this alleged debt after such notice raises serious concerns regarding knowing and willful noncompliance with federal and Washington State consumer protection laws.

Company response to consumer: Closed with explanation