CAPITAL ONE FINANCIAL CORPORATION – CFPB Complaint ID 2573782

Date Received: 2017-07-13T00:00:00

Product: Other debt

Issue: Communication tactics

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: On XXXX XXXX,2017 @ XXXX I was contacted by Capital One regarding my wifes debt owed on her Capital One Auto Loan. I am not on the account and the representative XXXX continued to discuss the debt with me. He did not give the mini miranda to me or ID any recording of the call until 2 min into the call. And after he already discussed the debt with me. Privacy Laws The Fair Debt Collection Practices Act governs the behavior of the debt collection industry and its representatives. It protects debtors by prohibiting debt collectors from utilizing abusive techniques when recovering delinquent debts. The FDCPA states that a debt collector may only discuss the details of your debt with you or your attorney. Collection agents can call you at home and can ask to speak with you if your spouse answers, but they can not inform your spouse of your delinquent account, as this violates your consumer protection rights under the FDCPA.FDCPA Violations Although the FDCPA notes that collection agencies do not have the right to discuss an individual ‘s debts with his spouse, that does not guarantee that all debt collectors will abide by this rule. Should a debt collector violate your rights by giving private information to your spouse or any third party, the FDCPA gives you the right to file a lawsuit against the company and collect damages of up to {$1000.00}. Should you choose to sue, you must file your lawsuit within one year of the date the violation occurred.

Company: CAPITAL ONE FINANCIAL CORPORATION

State/Zip: TX 750XX

Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 2573782

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