Consumer complaint received 2025-07-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
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
State: WI

Complaint narrative:
I. EXECUTIVE SUMMARY OF EGREGIOUS MISCONDUCT This formal complaint is lodged against Capital One Auto Finance, a division of Capital One , National Association, and the national consumer reporting agencies ( CRAs ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXXfor their continuous, willful, and malicious furnishing and publication of demonstrably false, unauthorized, and materially misleading derogatory information on my consumer reports. This egregious conduct stems from an unlawful and non-judicial repossession of my XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, associated with Capital One Auto Finance Account XXXX XXXXXXXX, bearing an alleged balance of {$9400.00}. These actions constitute not merely negligent violations, but deliberate and malicious noncompliance with the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ), the XXXX  XXXX XXXX ( XXXX ), and Uniform Commercial Code ( UCC ) Article 9, along with applicable state and common law principles.

II. WILLFUL FURNISHING AND REPORTING OF UNAUTHORIZED, FALSE, AND DISPUTED I
NFORMATION IN VIOLATION OF 15 U.S.C. 1681b ( a ), 1681e ( b ), AND 1681s-2 ( a ), ( b ) The information at issue, specifically Capital One Auto Finance Account XXXX XXXXXXXX, Balance : {$9400.00}, deriving from an unlawful and non-judicial repossession, was and remains demonstrably false, incomplete, and grossly inaccurate. This information has been repeatedly and properly disputed by me on no less than XXXX ( XXXX ) occasions between XX/XX/XXXX and XX/XX/XXXX, both with Capital One Auto Finance and the aforementioned CRAs. These disputes were substantiated by written correspondence, delivery confirmations ( XXXX and XXXX tracking ), and comprehensive documentary evidence furnished to all parties. 

Despite my meticulous provision of such irrefutable evidence, Capital One Auto Finance and the CRAs have continued to willfully and recklessly publish, verify, and re-verify this erroneous data without any factual basis, and with reckless disregard for my statutory and common law rights. The continued publication of these false items constitutes a pattern of conduct so egregious as to offend public policy and the spirit of consumer protection enshrined in the FCRA. This willful conduct directly contravenes 15 U.S.C. 1681b ( a ), 1681e ( b ), and 1681s-2 ( a ), ( b ).

III. LACK OF PERMISSIBLE PURPOSE : VIOLATION OF 15 U.S.C. 1681b Under 15 U.S.C. 1681b, a consumer reporting agency may only furnish a consumer report for specific, permissible purposes. None of these permissible purposes are met where, as here, the underlying information is unverified, subject to ongoing dispute, or based on an account lacking lawful authority due to an illegal repossession and unvalidated collection efforts. 

As articulated in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX reporting information without a valid permissible purpose, particularly where the underlying debt is invalid, constitutes a per se violation of 1681b. Similarly, the XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX unequivocally underscored that the absence of a valid basis for furnishing information renders the disclosure unlawful under the FCRA. Capital One Auto Finance and the CRAs are in direct contravention of these established legal precedents. 

IV. FAILURE TO CONDUCT A REASONABLE REINVESTIGATION : VIOLATION OF 15 U.S.C. 1681i ( a ) Each of the named accounts has been repeatedly and timely disputed by me pursuant to 15 U.S.C. 1681i. Despite receiving my comprehensive dispute letters and corroborating documentation, XXXX XXXX XXXX XXXX have utterly failed to : Properly reinvestigate the accuracy and completeness of the disputed information. 

Consider all documentation and sworn evidence supplied by the Plaintiff. 

Delete or correct the information within the statutory time limits. 

Provide the method and process whereby they allegedly validated the account by requiring the creditor/lender to provide the necessary documents relating to the loan, repossession, auction, and sale of the vehicle. 

As decisively held in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, a CRA does not meet its obligation under XXXX by simply parroting information provided by the furnisher without an independent assessment. Indeed, " [ a ] reinvestigation that merely relies on the source of the disputed information without any independent verification is not reasonable under the statute. '' ( Id. at XXXX ). The CRAs ' blatant disregard for their non-delegable duty to ensure the integrity of consumer reports, in the face of credible disputes and documentary proof, demonstrably establishes willfulness within the meaning of 15 U.S.C. 1681n and warrants an award of punitive damages. 

V. FURNISHER LIABILITY : VIOLATION OF 15 U.S.C. 1681s-2 ( a ), ( b ) Capital One Auto Finance is statutorily prohibited under 1681s-2 ( a ) ( 1 ) ( A ) from reporting information they know or have reasonable cause to believe is inaccurate. Furthermore, upon receiving notice of dispute under 1681s-2 ( b ), Capital One Auto Finance was obligated to : Conduct a reasonable investigation. 

Review all relevant information provided by the CRA. 

Review all relevant information provided by the Consumer, including the ID verification documents ( XXXX XXXX XXXX XXXX XXXX Tax Form ) and documentation of prior mailings, confirmed by XXXX and XXXX XXXX XXXX which accompanied my dispute requests between XX/XX/XXXX, and XX/XX/XXXX. 

Delete the disputed information as appropriate. 

Here, Capital One Auto Finance has failed to undertake any such meaningful investigation. Instead, they have continued to report demonstrably false balances and statuses in retaliation and/or indifference to my rights. This conduct is unequivocally actionable. The " stall letter '' dated XX/XX/XXXX, demanding I fill out a " FRAUD CLAIM FORM '' and provide additional documentation, including a " Completed and Notarized Affidavit of Fictitious Account '' and a " copy of the Police Report '', after my final dispute and Notice of Intent to Sue & Cease and Desist dispute requests were received by XXXX different Capital One Auto Finance entities and contained comprehensive ID verification, constitutes a bad faith attempt to evade their statutory obligations and prolong the publication of false information. This action directly contradicts the principles established in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), which establishes liability for willful failure to correct disputed information, and XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX which allows for damages recoverable for failure to investigate and correct misleading trade lines. 

Furthermore, Capital One Auto Finance has repeatedly refused to provide critical documents relating to the alleged car loan, pre-repossession, repossession, notice of auction, and sale of the vehicle, despite multiple requests. This deliberate obstruction of justice prevents me from fully exercising my rights and further underscores their malicious intent. 

VI. ILLEGAL REPOSSESSION UNDER STATE AND FEDERAL LAW AS PREDICATE TO FALSE REPORTING The very premise of the account reported by Capital One Auto Finance is predicated upon an unlawful, non-judicial repossession of my XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX, which occurred without adequate notice, a right to cure, judicial intervention, or any demonstration of lawful ownership or assignment. Such an egregious repossession violated : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX prohibiting breach of peace and requiring judicial process. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) governing secured party enforcement rights, specifically regarding commercially reasonable disposition and notice. 

FDCPA ( 15 U.S.C. 1692e ( 2 ) ( A ), 1692f ( 6 ) ) prohibiting deceptive and unfair seizure practices. 

The unlawful taking of my vehicle nullified any legitimate claim of default and renders the basis for reporting a balance or repossession facially invalid and unauthorized. Any reporting based thereon constitutes willful defamation and malicious injury to my reputation and creditworthiness.

Company response to consumer: Closed with explanation