Date Received: 2023-12-27
Issue: Managing the loan or lease
Subissue: Billing problem
Consumer Complaint: On XX/XX/XXXXXXXX I submitted a payment to Capital One Auto Finance using a personal checking account for a payment due XXXX XXXX. I received a phone call today XX/XX/XXXXXXXX stating that the payment was reversed and the payment is now 32 days late. The funds are still sitting in my account. Apparently Capital One failed to submit the payment because the bank where the funds are coming from has no evidence of any withdrawal attempts from Capital One Auto. I believe this is intentional.
Company Response:
State: TX
Zip: 77429
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Closing your account
Subissue: Company closed your account
Consumer Complaint: I called Capital One in XXXX to update my autopay information. The representative updated my 3 accounts and said all is taken care of. I called in XXXX to find out why I was charged past due fees. I was informed only then that all 3 accounts were closed due to Returned payments and that no payments were being processed from the updated and correct bank account. Capital One has refused to reopen my accounts and have stated that it is not a legal issue that would warrant the CFPB to get involved. I have been a customer of Capital One for 10 years and devastated about what this is going to do to my credit history. They provided no clarification or assistance whatsoever.
Company Response:
State: CA
Zip: 90028
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XXXX XXXX, XXXX, my consumer credit report from XXXX XXXX XXXX shows Capital One, XXXX XXXX and XXXX had violated the Privacy Act of 1974, 15 USC 6805 ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution ; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title. ( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after October 13, 2006. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of th is title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). ( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 16 CFR 313.7 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 313.10 ( 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 : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. ( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply. ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) 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 ( D ) Provide a toll-free telephone number that consumers may call to opt out. ( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) 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. ( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer. ( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4. ( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically. ( d ) Joint relationships. ( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ). ( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately. ( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers. ( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. ( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. ( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX XXXX opt out direction. ( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. ( e ) 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. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) 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. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. ( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677, May 24, 2000, as amended at 74 FR 62966, Dec. 1, 2009 ] 16 CFR 313 Privacy of Consumer 16 CFR 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices. In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. [ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] 16 CFR 433.3 Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. [ 42 FR 19490, Apr. 14, 1977, as amended at 42 FR 46510, Sept. 16, 1977 ] 16 CFR 424.1Unfair or deceptive acts or practices. In connection with the sale or offering for sale by retail food stores of food, grocery products or other merchandise to consumers in or affecting commerce as commerce is defined in section 4 of the Federal Trade Commission Act, 15 U.S.C. 44, it is an unfair or deceptive act or practice in violation of section 5 ( a ) ( 1 ) of the Federal Trade Commission Act, 15 U.S.C. 45 ( a ) ( 1 ), to offer any such products for sale at a stated price, by means of an advertisement disseminated in an area served by any stores which are covered by the advertisement, if those stores do not have the advertised products in stock and readily available to customers during the effective period of the advertisement, unless the advertisement clearly and adequately discloses that supplies of the advertised products are limited or the advertised products are available only at some outlets. [ 54 FR 35467, Aug. 28, 1989, as amended at 79 FR 70056, Nov. 25, 2014 ]
Company Response:
State: NJ
Zip: 07111
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit reporting act these creditor has violated my rights under 15 USC 1681 section 602 which states I have the right to privacy. 15 USC 1681 section 604a Section 2 also states a consumer reporting agency can not furnish an account without my written instructions.15 USC 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. These consumers are all in violation of my rights. The credit card accounts are not open end plans which they should be. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, CA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, IL XXXX XXXX XXXX XXXXXXXX XXXX XXXX, OH XXXX KOHLS/CAPITAL ONE XXXX XXXX XXXX XXXX, WI XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX XXXX - XXXXXXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, DE XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX CO XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX
Company Response:
State: IL
Zip: 60649
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Managing an account
Subissue: Funds not handled or disbursed as instructed
Consumer Complaint: XXXX writing to express my personal dissatisfaction with the management of my recent money transfer my ex husband initiated from my XXXX XXXX XXXX account to his capital one 360 account. I believe that the action the bank took in this situation was not only improper and unreasonable, but may also possibly be a breach of banking regulations. On XXXX XX/XX/2023 I had my ex husband link my XXXX XXXX XXXX account to his capital one 360 so he can transfer funds from my account for some expenses, after he linked the account he had to wait 1 to 3 business days to verify the account to capital one which I got two trial deposits in my XXXX XXXX XXXX account and provided the amounts to my ex husband so he can complete the verification process which he did and the verification was successful. On the XXXX XX/XX/2023 he requested to transfer funds from my bank which he scheduled that transfer and I got the charge in my XXXX XXXX XXXX account. Basically capital one debited my bank account with the amount transfer but wont release funds to my ex husband until they take him through another verification process all over again even though they have the funds in their possession. I find this unreasonable because I have been debited for the full amount.
Company Response:
State: NY
Zip: 117XX
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, Arizona XXXX XX/XX/2023. Dear Sir, Complaint about un-intentional error made on my credit report. On XX/XX/2023, I went shopping at Kohls XXXX XXXX at XXXX Az, for XXXX shopping. My issue occurred at the point of payment, the casher on duty made a mistake when she opened a new line of credit for me. My intention was to pay with my debit card, but clearly she made a mistake, and apologized about the error and immediately cancelled the purchase via the new line of credit that she recently opened for me. Unfortunately, the fact that my social security number and my drivers license was used already caused a hard pull on my credit report. My specific request for writing you is for you to fix wrong report on my credit history caused by the hard-pull done on my credit history as soon as possible.
Company Response:
State: AZ
Zip: 85326
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-28
Issue: Advertising and marketing, including promotional offers
Subissue: Confusing or misleading advertising about the credit card
Consumer Complaint: I am writing this complaint to express my dissatisfaction and frustration regarding the recent experience I had with one of your customer service representatives, specifically with XXXX XXXX on a call made XX/XX/XXXX at XXXXXXXX XXXX Eastern time. During the call, I inquired about the complementary XXXX XXXX reimbursement of {$9.00} for 6 months that is supposed to be afforded to members with the Quick Silver card. The initial representative claimed I didn't qualify because I supposedly didn't have a Quick Silver card. I requested to speak to a supervisor, and unfortunately, XXXX was unhelpful and displayed a rude attitude throughout our conversation. Despite my attempts to explain that my card clearly reads Quick Silver, obtained in the summer of XXXX, The supervisor insisted that I didn't have the right card and dismissed the issue. It became apparent that she couldn't resolve the matter and suggested that there was no one I could contact to address the problem. She never did any research and implied the solution would be to send me the correct card ( which is not the correct card ). She also said, I wouldnt get any credits and that Im not losing anything because I dont pay an annual fee and Quick Silver members all pay annual fees, which is not true. Upon calling back and speaking to another representative in the complaint department, it was acknowledged that the Quick Silver upgrade was not properly reflected in the system. The representative assisted in confirming the upgrade I made in the summer of XXXX. This situation, unfortunately, highlights a flaw in your system, leading to an unnecessary and frustrating ordeal. Furthermore, this representative said she was sorry that she still couldnt help me because it wasnt a listed feature on my account. My issues are : 1. These perks are listed as a feature on the Capital one perk page but are not offered to retain members as stated on the page at XXXX XXXX XXXXXXXX to all Quick Silver members. 2. Lack of training and respect from customer service representative supervisor. 3. Failure to follow the rules set by regulating agencies and bureaus. 4. Failure to acknowledge the mistake with the card upgrade and no one making reflection changes in the system. 5. No solution to any of my concern 's. It is imperative for credit card companies to honor their contracts and the promotional benefits they offer to customers. In this case, I am owed the {$200.00} bonus and the 6 months of complementary XXXX XXXX reimbursement, as per the terms of the Quick Silver card. Heres the link to read about their promotional XXXX XXXX offer XXXX XXXX XXXX
Company Response:
State: MD
Zip: 21133
Submitted Via: Web
Date Sent: 2023-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
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: My name is XXXX XXXX The card was taken over someone stole my identity and changed the email and phone number associated on my Capital One Credit Card. I have called Capital One several time and sent Police XXXX as well as letter from myself stating the problem. The amount that is fraud is {$1000.00}
Company Response:
State: RI
Zip: 02904
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: this debt is over XXXX or XXXX XXXX XXXX and does not belong to me and is harming my credit
Company Response:
State: GA
Zip: 30066
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Improper use of your report
Subissue: Credit inquiries on your report that you don't recognize
Consumer Complaint: There has been several hard inquiries being reported on my credit report that I do not recognize nor have authorized. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX ( XXXX ) - XX/XX/XXXX XXXX ( XXXX ) - XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: NC
Zip: 27106
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A