Consumer complaint received 2025-02-04 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION

Complaint narrative:
I am submitting this complaint regarding Capital One Financial Corporation. On [ insert date ], I received a letter from Capital One in response to my previous submission to the Consumer Financial Protection Bureau ( CFPB ). Despite my clear cease-and-desist request, they continued to send communications, which I believe violates the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ).

Capital One claims I owe a debt that I dispute. They failed to provide proper verification of this debt as required under the FDCPA, 15 U.S.C. 1692g ( b ). Specifically, they have not provided any signed agreement bearing my signature, nor have they provided a detailed breakdown of transactions that would substantiate the claimed balance. The account was allegedly opened online, but they have not supplied substantial proof linking me to the account.

Additionally, I reported unauthorized charges, but Capital One has not conducted a thorough investigation, as required by the Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1666. They requested additional details instead of proactively investigating the dispute.

Capital One continues to report inaccurate information to credit reporting agencies, violating the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681s-2. They have not provided documented evidence that I agreed to the terms of their Customer Agreement, which allegedly allows them to report information about my account. I never consented to these terms and have requested proof of my consent, which they have failed to provide.

I am writing in response to your letter dated [ insert date ], concerning my Consumer Financial Protection Bureau ( CFPB ) submission. While I acknowledge receipt of your correspondence, I must express my disagreement with several points raised and formally request that you reconsider your position based on applicable federal laws and consumer protections.

1. Cease and Desist StatusUnder the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692c ( c ), once a consumer has notified a debt collector to cease communication, the collector must stop all communications except to confirm that it will cease further efforts or notify the consumer of specific legal actions being taken. Your correspondence claims compliance, yet the ongoing communications about the alleged debt without proper legal justification may infringe upon these protections.

2. Verification of DebtPursuant to 15 U.S.C. 1692g ( b ) of the FDCPA, I have the right to request validation of the debt. Your response does not satisfy this requirement as it lacks : A signed agreement bearing my signature ( as the account was allegedly opened online, alternative substantial proof is required ).

A detailed breakdown of transactions, dates, and amounts that substantiate the claimed balance.

Your failure to provide adequate verification violates my right to dispute the debt under the FDCPA.

3. Fraudulent Charges InvestigationUnder the Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1666, I am entitled to a fair investigation of any billing errors, including unauthorized charges. While you request additional details, it is your legal obligation to investigate disputed transactions thoroughly, regardless of the volume of information initially provided. Your failure to proactively investigate could constitute non-compliance with the FCBA.

4. Credit Reporting IssuesUnder the Fair Credit Reporting Act ( FCRA ), 15 U.S.C . 1681s-2, furnishers of information to credit reporting agencies must ensure the accuracy of the data reported. Given the disputed nature of this account, continuing to report inaccurate or unverified information could be a violation of the FCRA. Furthermore, failure to mark the account as " disputed '' within the prescribed timeframe is also a potential breach of compliance.

Additionally, I must emphasize that I never agreed to the terms of your enclosed Customer Agreement that permit the reporting of information about my account to credit bureaus. Please provide documented evidence showing my explicit consent to these terms. Absent such evidence, the continued reporting of this account may constitute an unauthorized disclosure of my personal financial information in violation of my consumer rights.

5. 1099-C Tax FormWhile I acknowledge your explanation regarding the 1099-C form under IRS regulations, I request continuous monitoring of this status and timely issuance if conditions change in accordance with 26 U.S.C. 6050P.

6. Request for DocumentationYou stated additional verification steps are required to release sensitive documents. Under my rights provided by federal law, specifically the FDCPA and FCRA, I demand access to these documents to support my dispute. Your refusal without legitimate cause may hinder my ability to assert my consumer rights effectively.

ConclusionI formally reiterate my request for the following : Full validation of the alleged debt, including original signed agreements or substantial electronic proof.

A detailed investigation into the disputed charges.

Immediate correction of any inaccurate credit reporting and confirmation that my account is marked as disputed.

Copies of all billing statements and account-related documents.

Documented evidence of my consent to the Customer Agreement permitting the reporting of information to credit bureaus.

Failure to comply with these requests may compel me to pursue further actions through the CFPB, Federal Trade Commission ( FTC ), and potential legal channels. 

Sincerely, XXXX XXXX XXXX **Key Dates and Actions : ** Submitted original complaint to CFPB. 
Received response from Capital One, failing to provide proper debt verification and r Reported fraudulent charges, but Capital One did not investigate as required. 
Disputed credit reporting inaccuracies ; Capital One continues to report disputed information without marking it as such.

Company response to consumer: Closed with explanation