Consumer complaint received 2024-12-10 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
THE XXXX XXXX Dispute Details : This collection account reflects a past-due balance of {$1400.00} as of XX/XX/year>. The reporting contains inaccurate and misleading information that is unverifiable. 
- It is a violation to continue to report false, unverifiable information.

- 15 USC 1692e ( 10 ) False or Deceptive Practices : Reporting a charged-off account inaccurately can be classified as a deceptive practice.

your company violated below : - 15 USC 1692e ( 8 ) Failure to Communicate Dispute : If the account is disputed, the creditor must note this status in credit reports. Failing to do so violates this provision.

- 15 USC 1681s-2 ( a ) ( 1 ) ( B ) Duty to Update Information : Creditors must promptly update and correct any inaccurate information. A charged-off account should not remain as active.

- 15 USC 1681c ( a ) ( 4 ) Obsolete Information : Charged-off debts must not remain on a credit report beyond seven years from the date of delinquency. 

- 15 USC 1692e ( 2 ) ( A ) Prohibits false representation of the character, amount, or legal status of any debt. Listing a charged-off account as active violates this clause.

- 15 USC 1692f Prohibits unfair or unconscionable means to collect or report a debt. Reporting a written-off debt as active is deceptive and harmful - I Demand the exact documentation proving the validity and ownership of the debt. 

- Essential Information a Debt Collector Must Provide Proof of Ownership of Debt : Original creditor details. 
Documentation showing that the debt was legally assigned or sold to the current collector. 
Details About the Debt : Original account number and creditor name. 
Date the debt originated and its age ( to determine if its within the statute of limitations ). 
Full breakdown of amounts owed, including principal, interest, fees, and other charges. 
Validation Notice ( Required by FDCPA Section 809 ) : Sent within 5 days of initial contact. 
Must include your right to dispute the debt within 30 days and request validation or verification. 
Accuracy and Completeness : XXXX must be free of errors or duplications. 
The reporting of the debt must comply with XXXX XXXX XXXX XXXX for credit reporting. 
Chain of XXXX : A complete XXXX XXXX showing how the debt was transferred or sold from the original creditor to the current collector. 
Legal Violations to Leverage for Immediate Deletion Unverified or Unauthorized Reporting : If the collector can not verify the debt with appropriate documentation under FCRA Section 611 ( a ), you can demand removal for being unverifiable.

Reporting Inaccurate or False Information : Misstating balances, statuses ( e.g., charge-offs ), or dates violates FCRA Section 623 ( a ) and FDCPA Section 807.

Failure to Validate Debt : If the collector fails to respond to a written validation request within 30 days, they are prohibited from further collection attempts ( FDCPA Section 809 ( b ) ).

Debt Outside Statute of Limitations : Collection of debts barred by the statute of limitations constitutes unfair and deceptive practices under FDCPA Sections 808 and 806.

Harassment or Misrepresentation : Stress caused by repeated attempts to collect invalid or unverified debts violates FDCPA Section 806 ( harassment ) and Section 807 ( false representation

Company response to consumer: Closed with explanation