Consumer complaint received 2023-09-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MO
Product: Credit card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Application denied

Complaint:
15 U.S. Code 1691 ( a ) ( 3 ) states that it shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction because the applicant has in good faith exercised any right under this chapter. This means the definitions and rules of construction set forth in this chapter are also applicable for the purposes of any subchapter within. 15 U.S. Code 1602 ( f ) defines the term " credit '' as the RIGHT granted by a creditor to a debtor to defer payment of a debt or to incur debt and defer payment. By denying my application, you have discriminated against my RIGHT of credit and have therefore become in violation of not only the Fair Credit Reporting Act but also the Equal Credit Opportunity act. ECOA makes it unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction, on the basis of race, color, religion, national origin, sex or marital status, age ( provided the applicant has the capacity to contract ), because all or part of the applicants income derives from any public assistance program, or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. Creditors must be able to provide applicants against whom adverse action is taken with an accurate statement of reasons. The statement of reasons must be specific and indicate the principal reason ( s ) for the adverse action. A creditor can not justify noncompliance with ECOA and Regulation Bs requirements based on the mere fact that the technology it employs to evaluate applications is too complicated or opaque to understand. Secondly in your denial letter you refer to information received on my credit report also known as a " consumer report. '' 15 U.S. Code 1681a clearly states that the term " consumer report '' does not include ; report containing information solely as to transactions or experiences between the consumer and the person making the report ; any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title. Therefore I am also requesting the information you relied on, outside of the scope of what is considered information applicable to a consumer report according to 15 U.S. Code 1681a, to discriminate against me and my right to credit. I have included this information to show that not only have you discriminated against me according to the Fair Credit Reporting Act and Equal Credit Opportunity act, you have done so based on inaccurate information. I am asking that you cease your discrimination practices and extend me a line of credit for your Capital One Spark 1 % Credit Card..

Company response to consumer: Closed with explanation