Consumer complaint received 2025-01-05 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
Subject : Dispute of Unauthorized Hard Inquiry This letter serves as a formal dispute regarding an unauthorized hard inquiry that your company has placed on my credit report. I did not authorize or consent to any credit application or transaction with your company. This inquiry is a violation of my rights as a consumer and may constitute aggravated identity theft under 18 USC 1028A.

Violations of Federal Law : 18 USC 1028A ( Aggravated Identity Theft ) : Placing a hard inquiry on my credit report without my explicit consent or written authorization may constitute aggravated identity theft. This law prohibits the misuse of a person 's identifying information to engage in unauthorized activities.

15 USC 1681b ( Permissible Purposes of Consumer Reports ) : The Fair Credit Reporting Act ( FCRA ) mandates that credit reports and hard inquiries may only be accessed for specific, legally defined purposes. Your company must provide documented evidence showing that you had a permissible purpose under the FCRA to access my credit report.

15 USC 1681n ( Civil Liability for Willful Noncompliance ) : If your company accessed my credit report without proper authorization or permissible purpose, this is a willful violation of the FCRA, and you may be subject to liability, including damages and attorney fees.

15 USC 1681i ( a ) ( Dispute Procedure ) : Under the FCRA, I have the right to dispute inaccurate or unauthorized entries on my credit report. This hard inquiry is unauthorized and must be removed immediately unless you can provide valid evidence of my consent.

15 USC 1681e ( b ) ( Accuracy of Consumer Reports ) : Credit reporting agencies are required to ensure maximum possible accuracy in credit reports. Reporting an unauthorized hard inquiry fails to meet this standard of accuracy. 

Demands : Provide Proof of Authorization : I demand that you provide the following documentation within 30 days : A copy of the application or written consent with my signature authorizing the hard inquiry. 
Evidence demonstrating the permissible purpose for accessing my credit report. 

If you can not provide these documents, you must immediately delete this hard inquiry from my credit report. 

Immediate Removal of the Hard Inquiry : Absent evidence of proper authorization, I demand that this hard inquiry be removed from my credit report within 30 days. Failure to comply will result in further action on my part. 

Notification to Regulatory Authorities : I will file complaints with the Consumer Financial Protection Bureau ( CFPB ) and my state attorney generals office regarding this unauthorized inquiry and any related violations of federal law. 

Legal Notice : This letter serves as notice of your potential noncompliance with federal laws. If this matter is not resolved promptly and appropriately, I reserve the right to pursue legal remedies under 18 USC 1028A, 15 USC 1681n, and other applicable statutes. This includes seeking damages, reporting your actions to regulatory agencies, and taking any other measures necessary to protect my rights as a consumer. 
Conclusion : This hard inquiry is unauthorized and constitutes a violation of federal law. I demand that you act immediately to provide proof of authorization or remove the inquiry from my credit report. Failure to comply will leave me no choice but to escalate this matter further.

Company response to consumer: Closed with explanation