Date Received: 2023-12-06
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: I am a victim of identity theft. Upon review of my credit report I found several credit cards opened at capital one that were not opened by me. I do not have the account numbers as I did not open the accounts by my date of birth is XXXX and the balances on the cards I am disputing is : {$1900.00}, {$530.00} and {$630.00}. I have attached a copy of the FTC affadavit of identity theft to this complaint.
Company Response:
State: TX
Zip: 78746
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-06
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: I noticed a {$210.00} ( XX/XX/2023 ) charge on my Capital One card from a Credit counseling company that I spoke to on the phone and that never sent me a contract ( or anything ). The company told me that once we entered into a contract that they would charge me {$190.00} at the end of 6 months and after they had achieved raising my credit score to XXXX. I gave them all my information so that they could write the contract but never got a contract or any other contact from them. When I tried to call them several times they just didn't answer the phone and never returned my calls. Then Capital One allowed them to charge my card another {$210.00}. I called them before it had posted to my account and they said that I had to wait for it to be posted before I could dispute it. Capital One initially took the charges off ( after I called back and disputed the charges the second time ). Then Capital one said the company sent them a signed contract for some subscription and they shared that fax with me which is unreadable because of the quality of the fax. What I could see on the fax that XXXX XXXX sent was that they had an address for me that I have never had and it was even in another state then the one I'm living at and the one I called them from. They also had Comic sans font typed my name on the signature line. Capital one then reapplied the charges to my bill and emailed me a letter saying that if I wanted to pursue the dispute that I would have to send them a letter and provide them with documentation of my business with this merchant. I sent two certified letters to Capital One with the laws governing credit repair counseling and pointed out the blatant breaking of those laws and the obvious forgery and wrong address told capital one that even if they did charge me for fraudulent charges that the law states that they can only charge me {$50.00}. I got a letter back ( in my capital one app ) that said since I didn't provide documentation ( of which they know I have none ) that they could do nothing about the charges and they will stand. I then called capital one and asked to talk to a supervisor about my dispute. I was transferred to a guy who said that because I called them in the first place to discuss doing business with them and because I didn't have proof that I cancelled the subscription that I never asked for or even knew existed that they could do nothing about the charges and I would just have to pay them. I told him that this was illegal and that I would contact an attorney and he said basically " go ahead and hire an attorney ''. Then suddenly one of the charges were removed from the card and I called them and asked why one could be removed but the other charge couldn't when they were exactly the same. Capital one told me once again that it was impossible to remove the first {$210.00}... Then today there's a new letter that says that they are waiting response from the merchant and they credited back the other ( the first ) {$210.00}. So I'm still in limbo about if Capital One will return the charges to my account. Capital One per our agreement was supposed to be a limited liability company that would protect me from fraud but it seems that they are a partner with XXXX XXXX XXXX and are above the laws pertaining to credit card companies.
Company Response:
State: OR
Zip: 978XX
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-06
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Immediate deletion of the account and 1,000 $ per violation of the FCRA Institutions covered by the Gramm-Leach-Bliley Act must tell their customers about their information-sharing practices and explain to customers their right to " opt out '' if they don't want their information shared with certain third parties. Pursuant to the Gramm-Leach-Bliley Act and 15 USC 6802 ( b ) ( 1 ) A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless- such financial institution clearly and conspicuously DISCLOSES to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Notice, congress said that the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such a third party and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The fact that I was never given an explanation of how I can exercise that nondisclosure option is immediate grounds for removal. The Privacy Rule applies to businesses that are " significantly engaged '' in " financial activities '' as described in section 4 ( k ) of the Bank Holding Company Act. Your activities determine whether you are a " financial institution '' under the Privacy Rule. According to the Bank Holding Company Act provision and regulations established by the Federal Reserve Board, " financial activities '' include : lending, exchanging, transferring, investing for others, or safeguarding money or securities. These activities cover services offered by lenders, check cashers, wire transfer services, and sellers of money orders. providing financial, investment or economic advisory services. These activities cover services offered by credit counselors, financial planners, tax preparers, accountants, and investment advisors. brokering loans. servicing loans. debt collecting. providing real estate settlement services. career counseling ( of individuals seeking employment in the financial services industry ). The Gramm-Leach-Bliley Acts notice and opt out provisions are in addition to the obligations imposed by the Fair Credit Reporting Act ( FCRA ). According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Capital One is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. Capital One the financial institution and the Consumer reporting agencies XXXX, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX, XXXX,. Capital One whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Capital One Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.
Company Response:
State: AL
Zip: 36869
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-06
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: Closed Capital One credit card on XXXX XXXX. Requested a closing letter and final bill for the month of XXXX, and paid that amount by XX/XX/2023. Capital, one continues to charge interest on the account. Contacted them and they said yes we did receive the final payment for the account, but because you did not pay of the balance each month interest accrues each month. That does not make any sense.. see the pay off letter and the statement for the month of XXXX. attached.
Company Response:
State: MO
Zip: 64151
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-06
Issue: Problem with a purchase shown on your statement
Subissue: Credit card company isn't resolving a dispute about a purchase on your statement
Consumer Complaint: I filed a claim about a charge i did not make and did not receive anything from that charge that i could return if i have received it. They denied my fraud claim and I cant afford that charge im currently not working.
Company Response:
State: NY
Zip: 115XX
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-06
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Since XXXX of 2023 I have been sending Capital One letters to validate the debt they say I owe to them. They have not provided me anything that validates my debt per the fair debt collection act. Here are the things I have sent and requested below. 1 ) An explanation of the alleged account balance. 2 ) A complete Audit Trail calculation of this balance, including the complete payment history on this account, to confirm the amount is correct. 3 ) Documentation that shows my agreement to pay this debt with my signature and my authorization to report this to my credit report. I did not give my consent to you having my information, and any unauthorized use of my social security number is identity theft and will be reported. 4 ) The Agreement that grants you authority to collect on this alleged debt. 5 ) A copy of your state license, including license number that gives you rights to collect in my state. 6 ) The purchase agreement. 7 ) A sworn statement under penalty of perjury to confirm your presence during the alleged debt. 8 ) Demand for you to provide Chain of Custody for account to ensure the financing and hand-to-hand transfers are correct. 9 ) Master Bill of Sale.
Company Response:
State: OH
Zip: 43119
Submitted Via: Web
Date Sent: 2023-12-06
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I have 2 card with Capital One. Capital One is not applying payments when I make them online. The are posted several days late and causing late fees and additional interest on the account. Furthermore, their customer service is not up to standard since they do out source this service. Unfortunately, since there cuts service is based on another country the representatives are unable to process the request I make or comprehend my request. It should be noted WALMART is currently suing Capital One for these same issues. Capital One has admitted wrong doing as well. Please refer to case.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2023-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Problem with a company's investigation into an existing problem
Subissue: Was not notified of investigation status or results
Consumer Complaint: I have a CLOSED card with Capital One. The length of time from last payment has been more than 7 years. This CHARGED of CARD should be removed from my Credit Report. Furthermore, their customer service is not up to standard since they do out source this service. Unfortunately, since there cuts service is based on another country the representatives are unable to process the request I make or comprehend my request. It should be noted XXXX is currently suing Capital One for these same issues. Capital One has admitted wrong doing as well. Please refer to case.
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2023-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Closing your account
Subissue: Can't close your account
Consumer Complaint: I opened a credit card with Capital One on XXXX XXXX, XXXX and recently in the past month I have attempted to close the account. I thought it was closed and paid off in full however a few days ago I was informed there were a few charges that came through either before I submitted to close the account or shortly thereafter which amount to less than {$50.00}. Instead of contacting me that I had these fees they only let me know after the payment date and attempted to keep the account open charging various fees which amounted to almost as much as those on the account. I paid the remaining balance in full but they are refusing to remove the fees or completely close the account.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-12-05
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-05
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting Act this creditor has violated my rights under 15 USC 1682 section 6 o 2 states I have the right to privacy ( 15 USC 1681 ( section 6 0 4 a section 2 ) ). It also states a consumer reporting agency can not furnish an account without my written instructions under 15 USCS 166666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose
Company Response:
State: TX
Zip: 77469
Submitted Via: Web
Date Sent: 2023-12-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A