Date Received: 2024-01-04
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: XX/XX/XXXX Charged by Capital One ( Credit Card Company ) for purchase at WalmarXXXX **Incorrect item was received by WalmartXXXX** XX/XX/XXXX Received Purchase Adjustment from Capital One while dispute investigation is in process XX/XX/XXXX Received Letter from Capital One stating that WalmartXXXX had provided evidence that product had been delivered ( never in dispute ). Requested I send information by XX/XX/XXXX to continue dispute. At this point in time, I decided to work with the merchant ( WalmartXXXX ) instead of continuing with the dispute as it seemed simpler. I initiated a return for INCORRECT ITEM on XX/XX/2023. I was provided a XXXX code for XXXX. I called WalmartXXXX to confirm that the account was noted as having the wrong item so there would be no issues with the return process. Per XXXX tracking, item was received by WalmartXXXX returns on XX/XX/2023. On XX/XX/XXXX, XXXX chat confirmed item had been received and refund was being processed. XX/XX/XXXX -- WalmarXXXX states that return is FRAUDULENT as the item returned did not match the item in the order .... XXXX XXXX I contacted Capital One and explained the situtation. I was told to upload various documents such as proof of incorrect item, proof of return, proof of attempts to resolve, and a personal statement regarding everything that happened. XXXX XXXX Documents provided to Capital One as requested. XXXX XXXX Capital One states they received the requested documents but the documents did not have the requested information to validate dispute. XXXX XXXX I called Capital One and was told by the agent to re-submit the documents with more clarity. Secure link was provided. XXXX XXXX Requested documents were uploaded. XXXX XXXX Capital One states that the time frame for dispute has expired. I called Capital One and was told that I needed to have submitted all documentation prior to XXXX for the dispute to be considered. This information was NEVER disclosed to me. I believed that when I spoke to the agent on XX/XX/XXXX, that I was continuing or re-opening the dispute as I had not received the promised refund. I was never told that the information was invalid. When I called on XX/XX/XXXX, I was never told that the information was invalid because of the date. Capital One will not let me open a new dispute either and the merchant refuses to resolve the situation with me.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: Capital One can not speak to anyone and am told to email XXXX. Told it can take 7-10 days without access to her funds.
Company Response:
State: LA
Zip: 70817
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
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 1681, section 602, which states I have the right to privacy. 15 USC 1681, section 604 ( a ), section 2, also states that a consumer reporting agency can not furnish an account without my written instructions. Under 15 USC 1666 ( b ), a creditor may not treat a payment on a credit card account under an open and consumer credit plan as late for any purpose. I am writing to file a formal complaint against Capital One for improper use of my consumer report and continued reporting of an account that was allegedly included in a bankruptcy in XXXX. I have contacted Capital One, expressing my desire to opt out of any use or sharing of my nonpublic personal information, and despite my efforts, the issue persists. Capital One has improperly used my consumer report in violation of my rights. Despite my clear indication to opt out of any use or sharing of my nonpublic personal information, Capital One has continued to access my consumer report without authorization. An account that was allegedly included in a bankruptcy in XXXX is still being reported by Capital One. This reporting is inaccurate and has a detrimental impact on my credit history. I have previously contacted Capital One XXXX XX/XX/XXXX by telephone and by notorized formal written request, to address these issues and have opted out of any use or sharing of my nonpublic personal information. Despite my efforts, the problems persist, and I have not received a satisfactory resolution from Capital One. I request that the Consumer Financial Protection Bureau investigate the improper use of my consumer report by Capital One and their continued reporting of an account supposedly included in a bankruptcy. I request that Capital One be required to promptly remove any nonpublic personal information they have inappropriately accessed or used. I request compensation to the maximum extent allowed by law for the inaccuracies in reporting, the improper use of my consumer report, and any resulting harm to my financial standing.
Company Response:
State: OK
Zip: 74012
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I requested my consumer report from XXXX XXXX XXXX, I was alarmed to find out that Capital One 360 reports a savings account in my name which I never opened. Bank Name : CAPITAL ONE 360.. This is FRAUD/Identity Theft.
Company Response:
State: NY
Zip: 121XX
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: someone used my information to apply for credit not me
Company Response:
State: IL
Zip: 60651
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: I got an alert from XXXX XXXX on XX/XX/XXXX saying I had a hard inquiry on my credit, after checking there was an unauthorized Capital One bank credit card inquiry on my account that I never inquired about or approved. The report was through XXXX XXXX
Company Response:
State: KY
Zip: 40601
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 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. '' ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies 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, ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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 XXXX 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 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 XXXX XXXX I am opting out of your reporting services.
Company Response:
State: PA
Zip: 17601
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Noticed unauthorized new account on my credit report contacted company and disputed with XXXX XXXX XXXX XXXX Told them it wasnt me and claim was denied and to date Im still responsible. Also received call from capital onephone number XXXX whom I thought was legit in the case and after giving my info ( social etc. ) found out its a scam so now Im even more concerned and need my accounts frozen
Company Response:
State: MD
Zip: 20707
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
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 am filing yet another complaint because you failed to give me my money back for charges that I did not do. I have filed a criminal complaint and once I go back to court I will get a written statement from them stating that this was not me!
Company Response:
State: PA
Zip: 151XX
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2024-01-04
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: 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 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. '' ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies 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, ( Furnisher of information to credit agencies ) 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. '' ( Furnisher of information to credit agencies ) 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 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: FL
Zip: 33612
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A