Consumer complaint received 2025-02-14 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN

Complaint narrative:
XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, Mn XXXX Capital One ACC ENDING XXXX Demand for Arbitration I. INTRODUCTION Pursuant to the arbitration clause in the Capital One Cardholder Agreement, Claimant submits this Demand for Arbitration against Capital One Bank ( USA ), violations of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and related consumer protection laws. 
Claimant demands a full accounting of their account, including all financial adjustments, charge-offs, internal ledger reconciliations, and any records related to reporting inaccuracies. NOT TRANSACTIONS II. CLAIMS AND VIOLATIONS FCRA Violations 15 U.S.C. 1681 et seq.

FCRA 1681s-2 ( a ) ( 1 ) ( B ) : Capital One knowingly furnished inaccurate information to XXXX, failing to report the account correctly.

FCRA 1681s-2 ( b ) ( 1 ) : Capital One failed to conduct a reasonable investigation after Claimant disputed its reporting.

FCRA 1681e ( b ) : Capital One failed to ensure maximum possible accuracy, leading to continued reporting of inaccurate information.

FCRA 1681i ( a ) ( 5 ) : Capital One failed to delete inaccurate or unverifiable information despite multiple disputes.

FDCPA Violations 15 U.S.C. 1692 et seq.

FDCPA 1692e ( 2 ) ( A ) : Capital One misrepresented the legal status of the debt, reporting it as active despite unresolved disputes.

FDCPA 1692e ( 8 ) : Capital One failed to properly mark the account as " disputed '', violating federal consumer protections.

FDCPA 1692f ( 1 ) : Attempted to collect unauthorized fees and additional amounts not expressly authorized by the original agreement.

FDCPA 1692e ( 10 ) : Used deceptive means to misrepresent Claimants account and legal obligations. 
Relevant Case Law Supporting Claims XXXX XXXX XXXX XXXX XXXX ( XXXX ) Reinforces the duty of furnishers ( Capital One ) to maintain accurate reporting. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) Confirms that private furnishers like Capital One can be held liable for failing to investigate disputes. 
XXXX XXXX XXXX XXXX ( XXXX ) Establishes the discovery rule for FCRA claims, countering any potential statute of limitations defense. 
________________________________________ III. RELIEF SOUGHT 1. Full Accounting of the Account : o A complete financial reconciliation of charge-offs, internal credits, and payments.

2. Correction of Credit Reporting Issues : o Immediate removal or correction of all inaccurate reporting.

o Written acknowledgment of compliance with FCRA dispute resolution laws. 
3. Damages : Category Legal Basis Amount Actual Damages 15 U.S.C. 1681n ( a ) ( 1 ) {$15000.00} Statutory Damages 15 U.S.C. 1692k ( a ) ( 2 ) ( B ) {$1000.00} per violation Punitive Damages 15 U.S.C. 1681n ( a ) ( 2 ) To be determined Attorney Fees & Costs 15 U.S.C. 1681n ( a ) ( 3 ) Covered by Capital One Injunctive Relief : A court order requiring Capital One to correct dispute-handling procedures in compliance with FCRA and FDCPA. 


XXXX XXXXXXXX XXXX XXXX XXXX Claimant elects to proceed with arbitration through XXXX, as per the terms of Capital Ones agreement. Capital One is required to cover all arbitration-related costs under the agreement. 
If Capital One fails to resolve this issue within 7 days, Claimant demands a full arbitration hearing. 

V. CERTIFICATION AND SUBMISSION I, XXXX XXXXXXXX, certify that the statements in this Demand for Arbitration are true and correct to the best of my knowledge. 

Claimants Signature : XXXX XXXX Date : XX/XX/XXXX

Company response to consumer: Closed with explanation