In a troubling case of alleged identity theft, a New York resident is taking legal action against a major financial institution for holding him accountable for a fraudulent credit card account. On January 21, 2026, Marco W. Huerta filed a complaint in the United States District Court for the Eastern District of New York against Capital One, N.A., doing business as Discover. The lawsuit accuses Discover of violating federal laws by refusing to acknowledge and rectify fraudulent charges made on an account that Huerta claims was opened without his consent.
According to the complaint, the ordeal began in April 2025 when an unknown individual used Huerta's personal information to open a Discover credit card account. Unbeknownst to him, two unauthorized transactions totaling $4,673.10 were charged on April 21, 2025. Upon discovering this fraudulent activity later in August 2025, Huerta promptly disputed the charges with Discover and took steps to protect himself by filing a police report with the Suffolk County Police Department and submitting an Affidavit of Identity Theft to Discover.
Despite these efforts, Discover denied Huerta's fraud claim on November 13, 2025, asserting without explanation that "no fraud occurred." This decision left Huerta liable for $4,738.37—a sum that includes additional fees imposed by Discover. The complaint argues that this conduct violates both the Truth in Lending Act (TILA) and the Fair Credit Billing Act (FCBA), which are designed to protect consumers from unauthorized credit card use and billing errors.
Huerta’s lawsuit seeks several forms of relief from the court: actual damages for financial losses incurred due to Discover's actions; statutory damages as outlined under TILA; declaratory relief affirming that Discover violated federal laws; and reasonable attorney's fees and costs associated with pursuing this legal action. Additionally, he requests an injunction preventing Discover from any further collection activities related to the disputed debt.
The case highlights significant emotional distress experienced by Huerta due to the ongoing liability reported on his credit profile as delinquent debt—impacting his ability to make significant purchases like buying a home—and causing anxiety and loss of peace of mind.
Representing Marco W. Huerta is attorney Daniel A. Schlanger from Schlanger Law Group LLP based in Rochester, NY. The case is presided over under Civil Action No.: 2:26-cv-357 in front of judges at the Eastern District Court of New York.
Source: 226cv00357_Huerta_v_Capital_One_Complaint_Eastern_District_New_York.pdf