Consumer complaint received 2025-11-25 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: PA

Complaint narrative:
I am submitting this complaint regarding the fraudulent Capital One account ending in XXXX, which has been illegally reinserted onto my credit report and is currently being furnished during an active identity theft investigation. Capital One has also made false statements to both the CFPB and the Better Business Bureau XXXX BBB ), denying that they are reporting the account despite clear evidence that the account has been reinserted. 

Attached are XXXX XXXX  letters dated XX/XX/XXXX and XX/XX/XXXX, which were included in the document XXXX, where they falsely state they are not reporting this account. 

This complaint contains new misconduct, new evidence, and new legal violations, and is not a duplicate of any prior filing. 



XXXX. Capital One Provided False Statements to the BBB and CFPB In XXXX separate written responses, Capital One stated : On XX/XX/XXXX, that the account was not being reported and the investigation was still open. 
On XX/XX/XXXX, that they confirmed they are not reporting the account and their position has not changed. 

Both statements were false. 

Within hours of receiving their XX/XX/XXXX letter, the fraudulent account appeared back on my credit report, despite Capital One claiming they were not reporting it. This is a material misrepresentation to both state and federal regulators. 



XXXX. Federal FCRA Violations Capital One is currently violating multiple federal statutes : FCRA XXXX ( XXXX ) ( XXXX ) Illegal Reporting During Active Fraud Investigation Capital One admitted in writing that the investigation is open, yet they furnished the account anyway. Federal law strictly prohibits this. 

FCRA XXXX ( a ) ( XXXX ) ( B ) Illegal Reinsertion of Deleted Information This account was previously deleted. Reinsertion requires : XXXX. Furnisher certification XXXX. Written notice within XXXX business days XXXX. Procedural explanation None of these were provided. The reinsertion is unlawful. 

FCRA XXXX ( a ) ( XXXX ) ( A ) Furnishing Information Known to Be False Capital One has my FTC Identity Theft Report, Police Report, fraud documentation, and prior deletion records. Reporting the account again is a deliberate violation. 



XXXX. Dual-State Jurisdiction ( Pennsylvania & Maryland ) Although I am a legal resident of Pennsylvania, XXXX live and conduct business in Maryland approximately XXXX months per year, and the fraudulent reinsertion and resulting financial harm occurred while I was in Maryland. 

Therefore, both states consumer protection laws apply. 



A. Pennsylvania XXXX Violations Pennsylvania XXXX Prohibits deceptive or misleading credit reporting. 

Pennsylvania XXXX Prohibits unfair and deceptive conduct affecting consumers. 

Capital Ones false statements and unlawful reinsertion violate both. 



XXXX Maryland XXXX Violations Maryland XXXX XXXX XXXX Prohibits reporting information known to be inaccurate. 

Maryland XXXX XXXX XXXX ( XXXX ) Sections XXXX & XXXX prohibit : Misrepresentation Deception False statements Harm to a consumers financial reputation Since the reporting injury occurred while I was physically residing in Maryland, XXXX XXXX XXXX also apply. 



XXXX. Supporting XXXX XXXX XXXX v. XXXX  ( XXXX Cir. XXXX ) Furnishers must conduct real investigations. 
XXXX v. XXXX ( XXXX Cir. XXXX ) Furnishers are liable for failing to investigate properly. 
XXXX XXXX XXXX ( XXXX Cir. XXXX ) XXXX to report disputed or fraudulent information constitutes willful misconduct. 

XXXX Ones behavior clearly falls within these precedents. 



XXXX. Damages Caused Capital Ones unlawful reinsertion and false statements have caused : A drop in my credit score Delay and interference in my XXXX loan process Harm to ongoing business acquisition financing Damage to my financial reputation Stress, disruption, and financial loss Capital One is responsible for all resulting damages. 



XXXX. Notice of Intent to Pursue Civil Action I am preparing to sue Capital One for : Willful FCRA violations ( XXXX ) Negligent FCRA violations ( XXXX ) Pennsylvania XXXX & XXXX violations Maryland CPA violations Statutory, punitive, and actual damages Attorney fees and legal costs Their misconduct, deception, and repeated violations warrant full legal action

Company response to consumer: Closed with explanation