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CapitalOne Just Doesn't Get It-New Offer


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CapitalOne has got to be the most unethical company I have ever had to deal with. A few months back, I sent them a validation letter to which they replied by asking for more information to verify my identity. I replied back with a letter telling them that they have already entered wrong information into their system before which is why I sent them the letter in the first place. Why should I gave them mor information for them to screw up?

They never responded to that letter, but today I receive an offer for a pre-qualified CapitalOne Card advertisement. I almost laughed when I saw it, until I read the attached fine print which states that all of the information that I provide to them on the application would be theirs to use for any purpose they might have for it.

In other words, if I was stupid enough to fill out the app, they would use that information to prove verification for my previous validation. For starters, I would never, ever, ever, want another card from this crooked company. They just don't get the fact that they can screw some people over and over, but not all of them. I am writing back requesting that they take me off of the marketing list as I do not want any offers from them ever.

SBD

This is a copy of the last letter I sent them before getting their new offer. They never responded to this letter.

SECOND AND FINAL REQUEST FOR VALIDATION

xxxxxxxxxx

1234 Main St

Anytown, CA 91999

Capital One Bank

PO BOX 85015

RICHMOND, VA 23285

Date: July 22, 2006

Re: Acct xxxxxxxxxxx

To Whom It May Concern:

Enclosed is a redacted copy of the results from your investigation of account# xxxxxxxxxxx where you “verified” to Experian the “erroneous” information on my credit report. Please note that this is your last chance to resolve this issue before legal action will commence. I have made every attempt to resolve this issue without the involvement of the courts; however your continued flagrant violations which have been willful and malicious deserve the full statutory penalties available.

If/When a lawsuit is filed it will be due to the willful inadequate responses from your company. I have requested debt validation at least twice before, once in March 2006 and another time in June 2006. I have even contacted you through registered mail and I have proof your company received and signed for the letter I sent you. In March 2006, I also disputed this account with the credit bureaus, and all three bureaus came back with this account “verified” as “accurate”. Continuing to report this account on my credit report constitutes a collection activity, specifically prohibited by the RFDCPA.

Here are just a few of the statutes in which Capital One is in current violation:

California Rosenthal Fair Debt Collection Practices Act

The term "debt collector" means any person who, in the ordinary course of business, regularly on behalf of himself or herself or others, engages in debt collection. The term includes any person who composes and sells, or offers to compose and sell, forms, letters and other collection media used or intended to be used for debt collection, but does not include an attorney or counselor at law.

Rosenthal Fair Debt Collection Practices Act, § 1785.30.

Upon notification of the results of a consumer credit reporting agency's reinvestigation pursuant to Section 1785.16, a consumer may make a written demand on any person furnishing information to the consumer credit reporting agency to correct any information that the consumer believes to be inaccurate. The person upon whom the written demand is made shall acknowledge the demand within 30 days. The consumer may require the consumer credit reporting agency to indicate on any subsequent reports issued during the dispute that the item or items of information are in dispute. If upon investigation the information is found to be inaccurate or incorrect, the consumer may require the consumer credit reporting agency to delete or correct the item or items of information within a reasonable time. If within 90 days the consumer credit reporting agency does not receive any information from the person requested to furnish the same or any communication relative to this information from this person, the consumer credit reporting agency shall delete the information from the report.

Rosenthal Fair Debt Collection Practices Act, § 1785.31.

Any consumer who suffers damages as a result of a violation of this title by any person may bring an action in a court of appropriate jurisdiction against that person to recover the following:

(1) In the case of a negligent violation, actual damages, including court costs, loss of wages, attorney's fees and, when applicable, pain and suffering.

(2) In the case of a willful violation:

(A) Actual damages as set forth in paragraph (1) above:

(B) Punitive damages of not less than one hundred dollars ($100) no than m five thousand dollars ($5,000) for each violation as the court deems proper;

© Any other relief that the court deems proper.

Rosenthal Fair Debt Collection Practices Act § 1785.32.

Except as provided in § 1785.31, no consumer may bring any action or proceeding in the nature of defamation, invasion of privacy or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency, based on information disclosed pursuant to § 1785.10, § 1785.15 or § 1785.20 of this title, except as to false information furnished with malice or willful intent to injure such consumer.

I require a response from Capital One that is on point, in writing, hand signed, in a timely manner, and agreeing to remove this listing from my credit report, and to cease all other communication with me. If I receive another pointless letter from you saying that you are concerned with my “privacy rights” and requesting further information of a “personal nature”, then there will be no more opportunity for negotiation. Capital One has already shown that it is incapable of entering any of my “personal information” correctly into a computer system and yet your company has the gall to request further “private information” by masking the request as a “privacy concern”. The complete failure of Capital One to ensure that information entered into their system and furnished to the credit bureau’s is valid does not lend itself to providing Capital One with any further information to harm the consumer. It will be clear to any jury that this action constitutes a willful and malicious act requiring further relief by the court. I will proceed in court until I have successfully proven to a jury that this false information must be removed from my credit file. I will also be aggressively pursuing the full judgment that I will be awarded against your company for violation of the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, Rosenthal Fair Debt Collection Practices Act, Defamation, Invasion of Privacy, and Negligence.

Sincerely,

SBD

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