Capital One Settles With Identity Theft Victim

Capital One Bank and the credit reporting agencies (Equifax, Experian and TransUnion) recently settled with our client who was the victim of identity theft. It took years for the identity theft victim to get Capital One to stop trying to collect on the account it opened for an imposter.

The story began when Capital One sent a pre-approved credit card application to our client at her former college apartment. Someone in the building got the application from the mail and used it to get a VISA card from Capital One in our client’s name. The imposter took $500 from the account, but Capital One quickly learned the account was fraudulent–a law enforcement agency told it that professional identity thieves had opened the account–so it closed the account and charged off the account balance.

That should have ended the matter, but it didn’t. A year later, Capital One sent another credit card application to our client at the same old address. The imposter again used the application to apply for credit in our client’s name and again Capital One issued the imposter a VISA card. This time it gave the imposter a $20,000 credit line and sent “convenience” checks that the imposter used to withdraw almost $18,000. When the imposter failed to make the payments, Capital One located and began to dun our client. She disputed the account, retained a different lawyer, wrote lots of letters. Nothing worked. Capital One sued her to collect on the account.

Then she contacted us.

We sued Capital One and the credit bureaus–Equifax, Experian and Trans Union–for various violations of the Fair Credit Reporting Act and for state law violations. Through discovery, we uncovered the facts concerning Capital One’s opening of not one but two fraudulent accounts in our client’s name. We also learned about the credit bureaus’ “systems” that are supposed to protect consumers from having their credit reports issued in response to an imposter’s application for credit..

Recently the last remaining defendant settled with our client. All of the settlements are confidential.

If you are the victim of identity theft — you are being dunned on an account that someone else opened in your name — contact us to discuss your options.


  • 4104 24th Street
    San Fransisco, CA 94114
  • (415) 321-9655