Consumer complaint received 2025-05-16 00:00:00
Product: Checking or savings account — Checking account
Issue: Opening an account — Account opened without my consent or knowledge
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, Florida XXXX XXXX : XXXX Phone : XXXX XX/XX/XXXX Capital One Financial Corporation XXXX XXXX XXXXXXXX XXXX XXXX, VA XXXX XXXX : Fraudulent Checking Account # XXXX and Fraudulent Savings Account Ending in XXXX Capital One CID : XXXX CFPB Complaint ID : XXXX To Whom It May Concern : I am writing to formally dispute the legitimacy of XXXX Capital One accounts fraudulently opened in my name : Checking Account # XXXX Savings Account ending in XXXX I did not authorize the creation of either account, and I have evidence confirming both were opened as a result of identity theft. This is a formal demand for full correction, closure, and removal of all related negative information. Summary of the Fraud A criminal suspect was arrested in possession of a Capital One debit card and bank statement connected to the above checking and savings accounts. The suspect admitted to opening the accounts without my authorization. XXXX verified that the phone number used in the application was fraudulent and not associated with me. I have no knowledge of or association with these accounts, transactions, or applications. The checking account ( # XXXX ) currently shows a negative balance of - {$190.00}, and the savings account ( ending in XXXX ) shows a {$0.00} balance. Federal and State Laws Potentially Violated Capital Ones handling of this matter may constitute violations of the following laws : Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 Electronic Fund Transfer Act ( EFTA ), 15 U.S.C. 1693 Consumer Financial Protection Act ( CFPA ), 12 U.S.C. 5531 ( UDAAP violations ) Truth in Savings Act ( TISA ) Right to Financial Privacy Act ( RFPA ) Gramm-Leach-Bliley Act ( GLBA ) Identity Theft and Assumption Deterrence Act, 18 U.S.C. 1028 Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ), Fla. Stat. 501.201 et seq. CFPB Enforcement Authority I have submitted a complaint to the Consumer Financial Protection Bureau ( CFPB ), which may impose fines including : {$6800.00} per day for negligent violations {$34000.00} per day for reckless violations {>= $1,000,000} per day for knowing violations Capital One has previously been fined by the CFPB, including an {$80.00} XXXX penalty in XXXX for mishandling consumer accounts, showing a pattern of unlawful practices. My Demands I demand that Capital One take the following actions within 10 business days ( by XX/XX/XXXX ) : 1. Immediately close both the checking account ( # XXXX ) and savings account ( ending in XXXX ) 2. Remove all references to these accounts from : XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX 3. Stop all negative reporting associated with these accounts 4. Provide written confirmation acknowledging the fraud and removal actions 5. Reimburse me for out-of-pocket losses, legal costs, and emotional distress Legal Consequences If you fail to comply, I will take legal action seeking : Statutory damages ( up to {$1000.00} per violation under FCRA/EFTA ) Actual and punitive damages Attorneys fees and court costs Public complaint escalation via regulators and press This is your opportunity to correct an error and avoid further legal exposure. I expect confirmation in writing immediately. Sincerely, XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation