Consumer complaint received 2021-09-30
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CO
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
I made a purchase in XXXX at XXXX. I split the purchase in 3 different ways as it was a large purchase, I paid by cash, XXXX Mastercard ( {$4800.00} ), and Capital one Mastercard ( {$2000.00} ). In this purchase I paid for an extended warranty. I opened up a dispute against this purchase on XX/XX/XXXX with both Mastercards. I won the dispute with XXXX Mastercard and received the full amount back by check. Capital One NEVER sent me any paperwork to fill out, I called the dispute center and they never mentioned it as well and when 90 days had passed I assumed the matter was resolved in my favor. On XX/XX/XXXX I was rebilled. Which is way past 90 days. I called Capital One after noticing a rebill and they said there was nothing to be done because it was past the 90 day dispute timeframe. 
I didn't receive a letter or communication from Capital One about this case until the end of XXXX ( dated back on XX/XX/XXXX. XXXX ) stating that they received my response ( how can they receive my response when I didn't get anything from them and didn't send anything in? The only info they had was the info from opening the dispute on XX/XX/XXXX. ). I involved my lawyers and they wrote a letter to Capital One asking them to refund the {$2000.00} but Capital One never reached out to me or my lawyer. I called XX/XX/XXXX and talked to XXXX, a manager in the dispute department who confirmed they received my letter from my attorney and said they are not going to refund/ return my money. 
They didn't handle this case correctly and didn't follow the laws and timeframe. I should not be punished for Capital One 's mistake. 
https : XXXX The creditor must acknowledge your complaint, in writing, within 30 days after receiving it, unless the problem has been resolved. The creditor must resolve the dispute within two billing cycles ( but not more than 90 days ) after getting your letter. 

Any creditor who fails to follow the settlement procedure may not collect the amount in dispute, or any related finance charges, up to {$50.00}, even if the bill turns out to be correct. For example, if a creditor acknowledges your complaint in 45 days 15 days too late or takes more than two billing cycles to resolve a dispute, the penalty applies. The penalty also applies if a creditor threatens to report or improperly reports your failure to pay during the dispute period.

The Federal Trade Commission ( FTC ) enforces the FCBA for most creditors except banks. If you think a creditor has violated the FCBA, file a complaint with the FTC. 

You also can sue a creditor who violates the FCBA. If you win, you may be awarded damages, plus twice the amount of any finance charge as long as it's between {$500.00} and {$5000.00}, or higher amounts if a pattern or practice of violations is established. The court also may order the creditor to pay your attorney 's fees and costs.

Company response to consumer: Closed with explanation