Consumer complaint received 2025-07-14 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: TX

Complaint narrative:
I am submitting this formal complaint to report serious violations by Capital One and its affiliated collectors in regard to Capital One account # XXXX, which currently appears on my credit report as a charged-off account. 

I allege the following : 1. Failure to Provide Debt Validation Documentation Pursuant to 15 U.S.C. 1692g ( b ) of the Fair Debt Collection Practices Act, I formally requested a debt validation for this account from the collecting entity. Despite my request, I received no written verification of the debt, no itemized account statements, and no documents establishing Capital Ones legal right to collect or report the debt.

Per federal law, once a consumer disputes or requests validation, all collection activity must cease until the requested documentation is provided. Continued credit reporting and failure to validate constitutes a violation of 1692g ( b ).

2. No Arbitration Disclosure or Opportunity Under the original terms of Capital Ones cardholder agreement, consumers are entitled to mandatory arbitration rights in the event of disputes. In this case, I was never offered the option to enter into arbitration, nor was I provided the updated cardholder agreement, terms of service, or arbitration policy disclosures for this account. 

Failure to disclose this right upon disputeespecially in a charged-off contextis a material omission and violates both the Federal Arbitration Act and contractual due process principles.

3. Improper Reporting of a Charged-Off Account Without 1099-C This account is now listed as charged-off, yet I have not received a 1099-C tax cancellation notice as required under IRS regulations ( IRS Form 1099-C, Cancellation of Debt ) .

If Capital One claims to have discharged or forgiven any portion of this debt, they are legally required to issue such documentation to both the IRS and the consumer. Failure to do so implies continued ownership, and therefore continued responsibility to verify and validate the debt.

Without a 1099-C, the account 's " charge-off '' status remains inaccurate and misleadingespecially if Capital One no longer owns or services the account.

This constitutes a violation of 15 U.S.C. 1681e ( b ) under the Fair Credit Reporting Act, which requires all furnishers to ensure maximum possible accuracy in reported data.

4. Failure to Reinvestigate After Dispute FCRA 1681i Violations Upon disputing this account with the credit bureaus ( including Experian ), I did not receive any reinvestigation summary, documentation of verification, nor proof that any dispute resolution process took place.

This is a violation of : 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) failure to conduct a reasonable reinvestigation 1681i ( a ) ( 6 ) failure to notify me of the results within 5 business days 1681i ( a ) ( 7 ) failure to provide the consumer with the method of verification or documentation used 5. Continued Collection and Reporting During Active Dispute FDCPA & FCRA Violation Despite the fact that I disputed this debt and clearly notified Capital One and/or its collection agents that I do not intend to pay, the account : Remains actively reported on my credit file Has not been marked as disputed by consumer in compliance with 15 U.S.C. 1681s-2 ( a ) ( 3 ) Was not properly suspended from collection activity as required by 1692g ( b ) This indicates a willful pattern of non-compliance, and further subjects Capital One ( and any associated debt collector ) to civil liability under 1681n and 1692k.

Requested Remedies Immediate Removal of Capital One account # XXXX from my credit reports across all bureaus ( Equifax, Experian, TransUnion ) due to failure to validate the debt and FCRA/FDCPA violations.

Full Debt Validation package including : Original signed agreement Payment ledger Proof of ownership Statements Copies of collection communications Disclosure of Arbitration Terms that applied at the time of default.

Written explanation why a 1099-C was not issued if the debt is charged off.

Investigation and Enforcement by the CFPB for repeat statutory violations.

Civil damages, if applicable, under FCRA 1681n & FDCPA 1692k. 

Summary Capital One and/or its agents are knowingly violating multiple consumer protection statutes, misreporting account data, denying my arbitration rights, and failing to follow proper validation procedures. This complaint serves as a demand for removal of the tradeline and regulatory enforcement to prevent further harm to me or other consumers. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation