Date Received: 2024-01-15
Issue: Problem with a company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Capital One you are in violation of the Gramm Leach Bliley Act by law before sharing my information you must give me the opportunity to exercise my opt out notice You ( Capital One ) did not disclose this information to me that is required by law. Capital One knowing and willfully withheld information regarding the disclosure of my information to affiliated and non affiliated third parties. Capital One your knowingly and willfully withheld information that explain how I the consumer can exercise that non disclosure option You have 10 days to delete this account # XXXX from all credit reporting agencies and please be aware Under GLBA, penalties for non-compliance can include fines of up to {$100000.00} per violation, with fines for officers and directors of up to {$10000.00} per violation.
Company Response:
State: FL
Zip: 33844
Submitted Via: Web
Date Sent: 2024-01-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-12
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Company, Capital One has refused to comply with federal law and consumer laws violating my rights as a consumer. The company has violated my privacy rights under The Privacy Act of 1974. No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). Congress advises any of my private information is not for public. Capital One has violated federal and consumer laws According to 15 U.S. code 6801, It is the policy of the Congress that each financial institution those that have extended lines of credit have 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. 15 U. S. code 6802, follows by adding that, a financial institution may not directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice. A company must provide XXXX disclosures before information can be exchanged and the customer must agree first. The financial Institution must conspicuously disclose to the customer in writing or in electronic form that such information may be disclosed to such third-party. Capital One has no permissible purposes, According to 15 U.S. code 1681, of this inquiry on my consumer credit reports. The reporting status of the account is " Charge off ''. According to the IRS Publication charge-off accounts are considered " Certificates of Indebtness '', which means it is income and must be removed. Income can not be reported to a consumer report.
Company Response:
State: MI
Zip: 48091
Submitted Via: Web
Date Sent: 2024-01-12
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-13
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Capital One indicates that deposits made to checking accounts are available next business day. I deposited a check via mobile deposit on XX/XX/XXXX, and it was not until after the deposit was complete that Capital One indicated the deposit would be available on XX/XX/XXXX. I have no way to stop or modify the transaction, and I called customer service for help. I explained that I deposited the check to cover a housing transaction that will be pulled from my account on the XXXX. I was told by a customer service agent that there is nothing Capital One can do but advised me to call back on the XXXX if the deposit has not cleared. I explained that this does not solve my problem, if the funds are not disbursed next business day, my account will be overdrawn, I will incur a fee, and the housing transaction will be voided. The agent told me there was nothing anyone could do to change the situation. I asked to be transferred to a supervisor or someone else who could help me, the agent told me he was unable to transfer calls, and there is nothing else he could do. Without changing anything about my request, including the language I used, I repeated this request four more times before being told " Oh, you said the magic words, I am able to transfer you to my supervisor. '' I was then transferred to ( presumably ) this agent 's supervisor. The supervisor proceeded to explain to me that agents are unable to honor a customer 's request to be transferred until the " magic words '' are said. I explained that am frustrated because I called customer service for help, and consumers should not be asked to waste time solving riddles, the supervisor patronizingly explained, " until the magic words are spoken, there's nothing anyone can do to help ( the customer ). '' I expressed my frustration that Capital One 's customer service is purposefully interfering with my ability to receive assistance, and pointed out that Capital One would be profiting off this situation, at my expense. I was not provided with accurate information prior to making the deposit and/or Capital One is refusing to follow their published guidelines for funds dispersement, putting the consumer at risk for profit. The supervisor then terminated the call after leaving me on hold for approximately XXXX minutes total. I was on the phone with customer service for XXXX minutes ; Capital One 's agent and supervisor spent approximately XXXX minutes discussing " the magic words '' without clarifying what that means, where information about " the magic words '' is made available to consumers, or how consumers are meant to determine what " the magic words '' are, and XXXX minutes leaving me on hold. The remaining XXXX minutes were spent explaining that this situation is not a problem, and agreeing that Capital One will reap a profit at my expense.
Company Response:
State: MA
Zip: 01945
Submitted Via: Web
Date Sent: 2024-01-13
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: CAPITAL ONE is in violation of multiple laws set forth by Congress in regards to the following accounts [ Quicksilver Account # XXXX ] [ SavorOne Account # XXXX ]. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( CAPITAL ONE ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( CAPITAL ONE ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX, OR ANY OTHER ) if the person knows or has reasonable cause to believe that the information is inaccurate. CAPITAL ONE can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate. By Definition, the IRS Clearly says a Cancelled debt is Income. The reporting of this account as a debt is inaccurate. CAPITAL ONE has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In CAP ONE AUTO terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX, and XXXX is not an affiliate of CAPITAL ONE nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy pursuant to the Privacy Act of 1974 as a federally protected consumer I am now demanding that CAPITAL ONE either updates the account to reflect " paid as agreed never late '' status OR remove the accounts from all of my consumer reports.
Company Response:
State: PA
Zip: 187XX
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: It has come to my attention that CAPITAL ONE is reporting my transactions for account # XXXX with its company to the consumer report. You have reported a transaction on this account on XX/XX/2024 between the consumer XXXX XXXX and yourself CAPITAL ONE and according to the FCRA 15 USC 1681 A ( 2 ) ( a ) ( 1 ) except as provided in paragraph 3 the term consumer report does not include reports containing information solely as to transaction history between XXXX XXXX and CAPITAL ONE my transaction history is excluded from the consumer report. Delete this transaction history from the consumer report.
Company Response:
State: GA
Zip: 30601
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-14
Issue: Closing an account
Subissue: Funds not received from closed account
Consumer Complaint: Capital One Bank locked my entire account ( a main checking account and several savings account ) on XX/XX/2023. This was under their assumption of suspicious activity, specifically regarding a wire transfer. Since then, it has been a long challenging year to receive most of my funds back. I have gotten all my personal funds back over the past year. However, there is still an issue with the main checking account. A wire transfer was sent on to my main checking account on XX/XX/2023 of an amount of roughly {$17000.00}. I have asked the bank several times over the past year to re-send the wire transfer that caused all this mess back to the original sender but they refuse to contact them and re-send them the money. I have even spoken to the original sender who sent me this wire transfer and they have let me know that they have tried to reach out the Capital One bank via XXXX messaging but Capital One does not respond back. After publishing my initial complaint with Capital One, I received a letter from them stating : We reviewed the complaint you recently filed with the Consumer Financial Protection Bureau ( CFPB ) regarding the restriction placed on your XXXX Checking account ending XXXX after a wire deposit was received and wanted to follow up with you. Our research has confirmed the decision to end the banking relationship with you has been upheld and final. This means you will not be able to open new accounts with Capital One in the future. The funds from the wire deposit posted on XX/XX/2023 will be returned to the remitting bank before any remaining balance will be issued to you in the form of a check to the address on file. A check in the amount of {$25.00} had been issued to your mailing address we have on file as of XX/XX/2023. Additionally, a final check in the amount of {$12000.00} has been issued to your address on file and the XXXX Checking account ending XXXX has been closed as of XX/XX/2023. Please allow up to ten business days for each check to arrive from the date they were issued. Since this letter dated XX/XX/2023, the remitting bank STILL has not received their wire deposit total of roughly {$17000.00} even after Capital One bank has issued out the remaining balance in the form of a check to me.
Company Response:
State: NY
Zip: 11103
Submitted Via: Web
Date Sent: 2024-01-14
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Problem with a purchase shown on your statement
Subissue: Card was charged for something you did not purchase with the card
Consumer Complaint: Received email in spam folder stating account was past due. Logged in and checked account to notice a balance. I have not used the card. Looked for card and can not locate it. Card Lost/Stolen. I locked the card after seeing the fraud. I AM XXXX XXXX and tried to find a way to contact customer service online but could not so I am now filing this complaint to seek help.
Company Response:
State: FL
Zip: 33323
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
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: Completed a dispute by mail form but no acknowledgement from Capital One. I am hearing impaired and have no other means to contact them. No online chat or secure email to the. Noticed an email in my spam folder about this account statement due so I logged in. Have not used the card and can not find the card so it is STOLEN/LOST. I locked the card when I seen the account was breached. Dispute and send new cards please.
Company Response:
State: FL
Zip: 33323
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: accordance with the fair credit act # XXXX, has violated my rights. XXXX XXXX XXXX XXXX XXXX XXXX I have the right to privacy. XXXX XXXX XXXX Section XXXX A Section XXXX : It also states a consumer reporting agency can not furnish a account without my written instructions. XXXX XXXX XXXX XXXX : A creditor XXXX not treat a payment on a credit card account under an open end XXXX consumer credit plan as late for and purpose XXXX XXXX XXXX XXXX : ANY REPORT CONTAINING INFORMATION SOLELY AS TO TRANSACTIONS OR XXXX EXPERIENCES BETWEEN THE CONSUMER AND THE PERSON MAKING THE REPORT
Company Response:
State: FL
Zip: 322XX
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-17
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: I filled out a 1099A form for Capital One, which the IRS accepted on XX/XX/2024. This form has now become a certificate of indebtedness and is considered as income. Companies usually discharge their debt by XXXX of the following year. Once the debt is discharged, it is illegal to try and receive payment again for a debt that has already been paid. Can you please update my accounts ending in XXXX and XXXX and confirm that it has been paid as agreed by all third-party agencies. Also, please send me copy B so that I can properly complete my taxes.
Company Response:
State: OH
Zip: 43228
Submitted Via: Web
Date Sent: 2024-01-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A