Date Received: 2024-01-08
Issue: Fees or interest
Subissue: Charged too much interest
Consumer Complaint: I made a payment to Capital One ( Pottery Barn ) of {$9100.00} from my XXXX XXXX Bank online portal on XX/XX/2023 before the payment was due. I received notice on XX/XX/2023 that I was charged a late fee of {$29.00} and interest charges of {$230.00}. I called customer service to inquiry about my payment, as my bank had sent out a check for payment on XX/XX/XXXX. The customer service representative indicated that they still had not received payment. So, I asked if they would waive the late fee and interest charges and I would process an ACH payment immediately for the {$9100.00}. The customer representative said she could waive the {$29.00} but couldn't waive the interest. I asked to escalate to a supervisor and the call was terminated. I processed an ACH payment on XX/XX/XXXX for {$9100.00}. I cancelled the check from XXXX XXXX Bank. On XX/XX/2023 XXXX received the check from XXXX XXXX Bank that I had cancelled. I have requested to be refunded for interest charges. I paid my bill on time ( for goods that will not be delivered until the end of XXXX ).
Company Response:
State: OH
Zip: 452XX
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: This letter serves as a formal demand for the Consumer Financial Protection Bureau ( CFPB ) to take immediate enforcement action against CAPITAL ONE BANK ( USA ) , NATIONAL ASSOCIATION ( " Capital One '' ) for violating the Fair Credit Reporting Act ( FCRA ) and the Privacy Act of XXXX. Despite my original opt-out notice dated XX/XX/XXXX, Capital One continues to report inaccurate and harmful information to consumer reporting agencies, causing significant damage to my financial and personal well-being. Summary of the Violation : 1. Failure to Honor Opt-Out Request : I initially exercised my right to opt out of Capital One 's data sharing practices through my XX/XX/XXXX, complaint, Complaint Number XXXX. Despite acknowledging the complaint, Capital One has not ceased reporting inaccurate information to consumer reporting agencies. This constitutes a clear violation of Section 15 U.S.C. 6802 ( b ) of the FCRA, which explicitly states : ( b ) Opt Out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) 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 ; ( B ) 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 third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Capital One has failed to meet these requirements, as they have not honored my timely opt-out request and continue to disclose my nonpublic personal information without my consent. 2. Unreasonable Opt-Out Mechanism : Capital One 's reliance on the initial complaint as the sole opt-out mechanism is unreasonable and does not comply with the FCRA 's requirement for a " clear and conspicuous '' method. This practice effectively denies consumers their right to easily opt out, further violating Section 15 U.S.C. 6802 ( b ) of the FCRA. Additionally, it contravenes Regulation P, which outlines specific requirements for financial institutions regarding opt-out notices and mechanisms : PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : 1. That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; 2. That the consumer has the right to opt out of that disclosure ; and 3. A reasonable means by which the consumer may exercise the opt out right. ( a ) ( 2 ) ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : 4. Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; 5. Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; 6. Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or 7. Provide a toll-free telephone number that consumers may call to opt out. ( a ) ( 2 ) ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : 8. The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right ; or 9. The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. ( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( i ) ( 1 ) Duration of consumer 's opt out direction. A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. Capital One 's failure to provide Capital One 's failure to provide a clear and readily available opt-out mechanism beyond the initial complaint, coupled with their non-compliance with Regulation P 's specific requirements for opt-out notices and methods, constitutes another clear violation of their obligations towards consumer privacy and data protection. Their reliance on a single complaint as the sole opt-out option is not only inconvenient but also effectively disenfranchises consumers from easily exercising their right to control their non-public personal information. This practice runs counter to the spirit and letter of both the FCRA and Regulation P, leaving consumers vulnerable to continued data sharing without their informed consent. 3. Violation of Privacy Act of XXXX : Capital One 's continued reporting of inaccurate information without your prior written consent also violates the Privacy Act of XXXX, specifically Section 5 U.S.C. 552a ( b ). This section prohibits agencies from disclosing any record contained in a system of records without the individual 's written authorization, except under specific exceptions that do not apply in this case. o Section 5 U.S.C. 552a ( a ) ( 4 ) : Defines " record '' as any collection of information about an individual, including financial transactions, maintained by an agency. Consumer reports clearly fall under this definition. o Section 5 U.S.C. 552a ( b ) : Prohibits agency disclosure of any record without the individual 's written consent, except in specific circumstances not applicable here. 4. Continued Reporting of Inaccurate Information : Capital One 's continued reporting of inaccurate information further amplifies the harms caused by their data sharing practices. This raises concerns about potential data quality issues and a lack of proper verification procedures within their systems. Supporting Evidence : Attached to this letter is the following evidence supporting my claims : My original opt-out notice dated XX/XX/XXXX, Complaint Number XXXX. Any subsequent communication with Capital One regarding my opt-out request. Copies of my credit reports showing the presence of inaccurate information reported by Capital One. Request for Action : I urge the CFPB to take immediate enforcement action against Capital One for the violations outlined above. Specifically, I request that the CFPB as per 15 usc 6805 : Investigate Capital One 's data sharing practices and hold them accountable for their non-compliance with the FCRA and the Privacy Act of XXXX. Order Capital One to remove all inaccurate information from my consumer reports. Implement appropriate penalties against Capital One to deter future violations and protect other consumers from similar harm. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, Thank you for your time and attention to this urgent matter. I look forward to your prompt response and action against Capital One.
Company Response:
State: NJ
Zip: XXXXX
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Other transaction problem
Subissue:
Consumer Complaint: Good afternoon and thank you very much for assisting me with resolving this matter! Last Wednesday ( XX/XX/XXXX ) I was transferring money from my Capital One checking account to my XXXX XXXX checking account, via XXXX. There was a phone number that was identical to mine ( the first XXXX digits ) in my contacts directory and I inadvertently clicked that number and hit send before I realized it. I've contacted the individual that it was sent to - no response. I filed a refund request with Capital One and the money has not yet been credited to my account, and XXXX has told me to kick rocks. I literally filed this complaint with Capital One XXXX minutes after sending the cell transfer. Please assist with this. I'm available to discuss anytime - XXXX XXXX XXXX
Company Response:
State: IL
Zip: 60613
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am writing to file a formal complaint against Capital One regarding significant inconsistencies and inaccuracies in the reporting of an account on my credit reports. Despite my repeated attempts to rectify these errors with both the credit bureaus and Capital One, the discrepancies persist. The account details, as reported by XXXX, XXXX, and XXXX, exhibit discrepancies and incomplete information that remain unresolved. The account in question is outlined below : - Both XXXX and XXXX report this account was " paid as agreed, '' whereas XXXX states it as Current account/was delinquent XXXX days past due date. - XXXX and XXXX indicate the worst delinquency as XXXX days past due, whereas XXXX states it as XXXX days delinquent. - XXXX reports the date closed as XX/XX/2023, XXXX as XX/XX/2023, and XXXX does not provide a date closed. - There are inconsistencies in the payment history, with several months showing no data. Attached is a copy of the account details from my credit reports, illustrating these inconsistencies.
Company Response:
State: FL
Zip: 33018
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
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: Hello, On XX/XX/XXXX, I was charged an amount of {$530.00} by the XXXX XXXX. I have no idea what this company is or was until the fraudalent charge was placed. I called capital one to dispute this charge and was denied XX/XX/XXXX. I confirmed every other charge around that date and confirmed other purchases. This charge was not one of them. I'm not sure what proof I can provide since I do not know what this company is or did not recieve a text or confirmation from the app that I made this purpose. If there is anything I can provide proof for, I will but this was definitely not my charge. I am quite upset since I tried to offer anything I could but all they could do is tell me to wait and just deny me the charge without any proper explanation. I would greatly appreciate your help since I am only a student with limited time. If there is anything that I can provide for proof I would be happy to. I just don't know what to do since I have never heard of this company before or done business with a company named Thank you.
Company Response:
State: IL
Zip: 60181
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: According to the Fair credit Reporting Act 15 USC 1681 section 602 states There is a need to insure the the consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for customer rights to privacy. The XXXX credit bureaus XXXX, XXXX, XXXX are consumer reporting agencies while i am the consumer. My rights to make sure my private information will not be shared. Under 15 USC 6801. the policy says that Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of me the customer and protect my security and confidentiality of those customers nonpublic information ( furnisher of information to credit agencies is a financial intuition by definition under that title. 15 USC 1681 section 604 section 2. Under this policy XXXX, XXXX, XXXX nor financial institutions do not have my consent verbally, non verbal, or written consent. Any and all consent whether it be verbal, non- verbal, written, nonwritten, implied or otherwise revoked. 15 U.S.C 6802 ( b ) ( c ) states that a financial institution may not disclose non public information to a nonaffiliated third party unless the consumer is given an explanation of a non disclosure option. They have informed me of my right to exercise nondisclosure option. also 15 USC 1681c ( a ) 5 states except as authorized under subsection ( b ) no consumer reporting agency may make any consumer reports containing any of the following items if information any other adverse item information other than records of convictions of crimes with 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 1681 s-2 ( A ) ( 1 ) a person shall not furnisher any information. relating to a consumer. 15 U. S Code 1681states that every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of 1681c. also CFR 1016.7 a consumer has the right to opt out at any time. I am opting out of your reporting services
Company Response:
State: OH
Zip: 43213
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Capital One is suing me for a credit card I did not open or buy anything with. I have tried to contact them for the original purchase, but they can not tell me since I do not even know the credit card account number. My attorney, XXXX XXXX, was able to get some back statements, but they only show payments that I did not make. I still have no idea what this is for.
Company Response:
State: TX
Zip: 76002
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: I applied for a business credit card through an offer letter sent to me and was initially approved, but then when I went to activate the card I noticed that my account was on hold not just the new account but also my personal account that I had previously and have been using. When I called Capital One to ask the reason they said they needed additional information such as bank statements for my personal account which I sent. They did not remove the hold even after receiving the statements they requested. When I called they said they needed the business bank statements as well and I refused because the business card is not related to my personal account at all. I then asked for all this information in writing as to why I am being treated with prejudice and nothing.
Company Response:
State: PA
Zip: 19018
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I received a credit monitoring alert as to XXXX inquiries furnished on my credit profile which was done so without my written or verbal consent. Per 15 USC 1681 I have the right to privacy and also fair and accurate reporting to my consumer credit profile and in this case my consumer rights were violated.
Company Response:
State: FL
Zip: 329XX
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-08
Issue: Fees or interest
Subissue: Problem with fees
Consumer Complaint: I was charged a {$39.00} membership fee in XX/XX/XXXX. And {$39.00} membership fee in XX/XX/XXXX. I was told in both occasions I would be able to upgrade card to a non membership fee card. This has never happened. I'm now forced to close the account and lose credit age and also available credit. Card companies should not be able to lie customers and I was lied too.
Company Response:
State: MN
Zip: 55429
Submitted Via: Web
Date Sent: 2024-01-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A