Consumer complaint received 2025-07-28 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:
Formal Complaint Fraudulent Account Reported by the following companies : XXXX. XXXX XXXX XXXX ; XXXX. Captial One ; XXXX XXXX XXXX XXXX  XXXX  XXXX XXXX. XXXX  ; all of these companies are in Violation of FCRA and U.S. Consumer Identity Protections Dear Consumer Financial Protection Bureau : I am writing to file an urgent and formal complaint concerning a fraudulent account reported in my name by the above mentioned companies. The accounts discussed were opened without my knowledge, consent, or authorization, or were taken over or compromised through fraudulent practices with my information being posted on the dark web from the most recent data breaches which unambiguously constitutes a clear case of identity theft. Its continued appearance on my credit report is unlawful and in direct violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and other applicable consumer protection laws.

Despite numerous attempts to address this matter with the credit bureaus and XXXX XXXX XXXX, along with others, the account remain on my consumer credit file, inflicting ongoing harm to my credit profile, emotional well-being, and financial opportunities. To date, XXXX XXXX and others have failed to provide a response or proper investigation, exacerbating the damage and impeding my federally protected rights. 

Key Facts : A fraudulent bank or credit account has been opened in my name by XXXX XXXX XXXX. 

I have no connection to or knowledge of this account, nor did I authorize its opening or use. 

I have filed a valid FTC Identity Theft Report and a police report confirming that I am a victim of identity theft. 

Despite providing documentation to the credit bureaus and XXXX XXXX, the false tradeline persists on my credit report. 

XXXX XXXX has not responded or resolved the matter through any formal channels. 

Legal Grounds : Under 15 U.S.C. 1681c-2, consumers have the right to request the immediate blocking of information in their credit file resulting from identity theft. I have fulfilled all statutory requirements to initiate this blocking request, including : A formal written dispute A copy of a valid identity theft report Personal identification and supporting documentation Pursuant to 1681c-2 ( a ) ( 1 ) : 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 alleged identity theft...

Additionally, 15 U.S.C. 1681s-2 ( a ) and ( b ) require that furnishers of credit informationsuch as XXXXXXXX XXXXmust not report inaccurate data and must investigate disputed accounts once notified by a consumer reporting agency. Their failure to investigate or correct the account constitutes willful noncompliance with the FCRA. 

Relevant Case Law : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) : Credit bureaus and furnishers must conduct an independent and reasonable investigation when a consumer disputes credit information.

Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 ( 9th Cir. 2009 ) : Furnishers are liable under 1681s-2 ( b ) when they fail to investigate and correct inaccurate information.

Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) : A creditors failure to conduct a reasonable investigation into disputed accounts constitutes a violation of the FCRA. 

Request for Compensation : The continued presence of this illegally reported XXXX XXXX account on my credit profile has resulted in significant financial damage, credit denials, emotional distress, and reputational harm. As such, I am seeking : Compensatory damages for losses incurred An investigation into whether XXXX XXXX failure to act constitutes willful misconduct under 15 U.S.C. 1681n and 1681o Appropriate statutory and punitive damages, if applicable Action Requested : I respectfully request that the CFPB take the following action : Immediately block and permanently delete the fraudulent XXXX XXXX tradeline from all consumer credit reports. 

Investigate and enforce FCRA compliance by XXXX XXXX XXXX  for failing to respond and investigate in a timely, lawful manner. 

Direct the credit bureaus to cease and desist from reporting the fraudulent account. 

Facilitate a resolution process, including compensation for ongoing harm. 

Consider regulatory penalties against XXXX XXXX for noncompliance. 

Attached Documents : FTC Identity Theft Report Police Report Dispute letters to XXXX XXXX and credit bureaus Current credit report showing the XXXX XXXX account Additional supporting documentation I appreciate your urgent attention to this matter. As a consumer and identity theft victim, I am entitled to the protections afforded under federal law. I respectfully request that the CFPB exercise its oversight authority to enforce those rights and ensure a swift and just resolution.

Company response to consumer: Closed with explanation