Consumer complaint received 2025-05-20 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Other problem
Company: Glasser and Glasser, PLC
State: VA

Complaint narrative:
I am submitting this complaint to report serious and ongoing violations by XXXX XXXX Bank ( XXXX ), XXXX. of multiple federal and Virginia state consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), the Truth in Lending Act ( TILA ), the Fair Credit Reporting Act ( FCRA ), the Electronic Signatures in Global and National Commerce Act ( ESIGN ), the Virginia Consumer Protection Act ( VCPA ), the Virginia Uniform Commercial Code ( UCC ), and due process violations through court misconduct and improper litigation tactics. Their actions have caused me financial loss, credit damage, reputational harm, emotional distress, and severe disruption to my family and well-being. 
In XXXX, I retained the XXXX XXXX XXXX ( XXXX ) to help resolve outstanding consumer debt. I made timely payments to XXXX, and XXXX  XXXX acknowledged this representation in their CFPB response dated XX/XX/XXXX. Yet in XXXX, XXXX, XXXX XXXX filed a lawsuit against me, during a time when XXXX was still the official point of contact and had not provided any written termination of representation. XXXX XXXX did not verify my legal representation status, failed to contact the bankruptcy trustee when XXXX filed for Chapter 11, and never produced documentation showing they had the right to bypass XXXX. Instead, they improperly served legal documents by leaving them at my front door, where they were discovered by my family and former partnerviolating my privacy and causing significant reputational damage. This constitutes a violation of FDCPA 1692c ( a ) ( 2 ), Virginia Code 8.01-296, and the automatic stay under 11 U.S.C. 362.

After receiving the lawsuit, I submitted multiple certified debt validation requests under FDCPA 1692g ( b ), demanding full validation of the alleged debt, including the contract, itemized accounting, and proof of ownership. XXXX XXXX failed to provide adequate validation. Instead, they responded with unauthenticated billing statements and a letter admitting they did not have a signed application or agreement. They produced no accounting of payments, no chain of title, and failed to identify the current creditorviolating FDCPA 1692g, 1692e, 1692f, and TILA 1632, 1637, and 1640. They also violated the ESIGN Act ( 15 U.S.C. 7001 ) by failing to produce any digital record of consent despite claiming I opened the account online or by phone. 
During discovery, XXXX XXXX submitted an undated and incomplete cardholder agreement, missing the first XXXX pageswhere critical APR and finance disclosures normally appearand provided no proof that I ever received or agreed to its terms. The agreement included no signature, timestamp, or acceptance. XXXX XXXX also submitted unauthenticated credit card statements and relied on an affidavit, under oath, from a representative with no personal knowledge of the account. These documents are inadmissible hearsay under Virginia Rules of Evidence 2:901 and 2:803 ( 6 ) and violate FDCPA 1692e ( 10 ) by attempting to mislead the court. The affiant referenced internal systems that were never disclosed or authenticated. No custodian of records signed off on the evidence. 
Worse, XXXX XXXX failed to respond to my formal request regarding securitization. Public SEC filings confirm that XXXX  XXXX routinely sells credit card receivables into asset-backed trusts such as the XXXX  XXXX XXXX XXXX. They refused to confirm whether my specific account was included in such a trust. Under TILA 1641 ( g ) and FDCPA 1692g ( a ) ( 2 ), they were required to disclose if the debt was sold or assigned and identify the current creditor. They failed to do so. Under Virginia UCC 8.9A-203 and 8.9A-210, a party seeking to enforce a debt must prove ownership or valid assignment. XXXX XXXX has not provided any assignment, transfer documents, or authorization to act on behalf of any trust that may hold this debt. 
XXXX XXXX compounded its misconduct by attempting to amend its Bill of Particulars during active litigation and again during trial, in violation of Va. Code 8.01-6 and Rule 15 of the Federal Rules of Civil Procedure. This deprives me of a fair opportunity to respond and demonstrate procedural abuse. They failed to comply with discovery, refused to provide call logs or any record of communications with XXXX, and never accounted for payments I made. Despite the account being in dispute and under litigation, they reported it to credit bureausviolating FCRA 1681s-2and I have suffered credit damage as a result. I was denied a car loan and could not assist my son with financial needs. The stress and embarrassment from this experience have affected my mental health, finances, and personal life. 
Capital Ones continued use of incomplete, hearsay evidence ; failure to validate or disclose key information ; improper service ; and deceptive litigation practices demonstrate a pattern of abuse, misrepresentation, and lack of legal standing. Their refusal to comply with federal and state laws has harmed me and continues to create undue hardship.

Company response to consumer: Closed with explanation