Consumer complaint received 2025-01-26 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL

Complaint narrative:
Subject : Follow-Up Demand for Permanent Deletion of Fraudulent Account Dear XXXX XXXX XXXX I am writing regarding file number XXXX and original account number XXXX, currently reported by XXXX XXXX XXXXXXXX as a collection account on my credit report. While I appreciate your acknowledgment of my identity theft claim and your stated request to delete the account from the credit reporting agencies, the account remains visible on my credit profile.

This ongoing reporting is in violation of the Fair Credit Reporting Act ( FCRA ) and continues to harm my financial reputation. As you stated in your response, this matter has been forwarded to the original creditor for further investigation, but such action does not absolve you of your obligation to remove the account immediately. 
Legal Violations and Concerns FCRA 605B ( 15 U.S.C. 1681c-2 ) : Under the FCRA, when a consumer provides an identity theft report, credit reporting agencies and furnishers must block the disputed information within four ( 4 ) business days and prevent its re-reporting.

FCRA 611 ( a ) ( 1 ) ( A ) : Furnishers are required to promptly investigate disputes and delete unverifiable or inaccurate accounts.

FDCPA 805 ( c ) : Any continued collection activity on a disputed account, particularly in cases of identity theft, constitutes a violation of the FDCPA. 

Case Law Reference : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) Requires the removal of unverifiable items from credit reports. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) Failure to remove inaccurate information violates the FCRA and consumer rights. 
XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) Re-reporting unverifiable data without proper notification is prohibited. 
Demands Immediate and Permanent Deletion : I demand that XXXX XXXX XXXXXXXX ensures the immediate and permanent deletion of the fraudulent account from all three credit reporting agencies ( XXXX, XXXX, and XXXX ). 

Written Confirmation : Provide me with written confirmation that the account has been permanently deleted and will not be re-reported in the future. 

Cease and Desist : Immediately cease all collection and reporting activities related to this account, in compliance with FDCPA 805 ( c ).

Notice of Intent to File Complaints If the account is not deleted immediately, I will proceed with the following actions : File formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) for non-compliance with federal laws. 
Pursue legal action for damages caused by your failure to comply with the FCRA, FDCPA, and other applicable laws. 
This matter must be resolved promptly to prevent further harm to my financial reputation. I expect written confirmation of the accounts deletion within seven ( 7 ) calendar days. 

Thank you for your immediate attention to this matter. 

Sincerely, XXXX XXXX Additional : I demanded and sent in written instructions and your company denied my demands and written instructions. 
1. Request Full Validation of the Debt Under the Fair Debt Collection Practices Act ( FDCPA ) 809 ( b ), you have the right to request debt validation. This means you should ask the debt collector to provide : Proof that they own the debt or have the authority to collect it ( e.g., purchase agreement or assignment from the original creditor ). 
A copy of the original signed agreement or contract showing you are liable for the debt. 
A complete breakdown of the debt, including the principal, interest, fees, and how they were calculated. 
Documentation of the Date of First Delinquency ( DOFD ) and confirmation that the reporting complies with the statute of limitations. 

2. Demand Evidence of Accurate Reporting Request that the debt collector provide documentation showing that the information being reported to the credit bureaus is 100 % accurate, as required by FCRA 623 ( a ) ( 1 ) ( A ). Specifically, ask for : Proof that the tradeline complies with FCRA 607 ( b ), which requires maximum accuracy.

A detailed account history showing payments, delinquency dates, and other reported data.

Confirmation that the tradeline is not duplicative, outdated, or incorrectly categorized ( e.g., a paid debt being reported as unpaid ).

3. Ask for Their Permissible Purpose to Report the Debt Under FCRA 604 ( a ), debt collectors must have a permissible purpose to pull and report your credit information. Ask the collector : What is their permissible purpose for reporting this account to the credit bureaus?

Did you explicitly authorize them to access or report your credit profile?

If the debt stems from identity theft or fraud, demand they remove it immediately under FCRA 605B, which requires blocking fraudulent accounts when a valid identity theft report is provided.

Subject : Cover Letter for Formal Dispute Violations of FCRA and Case Law Support Dear [ Credit Bureau Name ], I am submitting this dispute letter regarding inaccurate and unverifiable information reported on my credit file. The items in question have caused undue harm to my financial stability and creditworthiness. Despite previous efforts to address these inaccuracies, they have not been removed as required by federal law, violating the Fair Credit Reporting Act ( FCRA ).

The following violations and case law apply to this matter : Violations of Federal Law Failure to Delete Unverifiable Information FCRA 611 ( a ) ( 1 ) ( A ) : Credit reporting agencies must conduct a reasonable investigation upon dispute. If the information can not be verified, it must be promptly deleted.

Failure to Ensure Maximum Accuracy FCRA 607 ( b ) : Credit bureaus must ensure the maximum accuracy of information in consumer reports. Reporting false or unverifiable data violates this requirement.

Damages Caused by Inaccurate Reporting Continued reporting of unverifiable information has caused damages to my creditworthiness, resulting in denial of credit and higher interest rates. 
Relevant Case XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) : Credit reporting agencies are obligated to remove unverifiable items immediately. 
XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) : Failure to investigate and correct inaccurate information is a direct violation of FCRA. 
XXXX v. XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) : Consumers are entitled to statutory damages for harm caused by inaccurate reporting.

Company response to consumer: Closed with non-monetary relief