Consumer complaint received 2022-12-06
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Fees or interest
Sub-issue: Problem with fees

Complaint:
I have reached out to Capital One over the phone today because I saw they charged me a fee of {$10.00} PLUS an additional fee of {$0.00} as cash advance for a payment of {$37.00} I made at Wise. I had the customer service agent XXXX on the phone and explained him the situation and also explained to him that this was not a cash advance payment as I would not pay {$10.00} as fees for an amount of {$37.00} additionally. XXXX referred to their terms and conditions. I explained XXXX that in their terms and conditions are nowhere listed that I would be charged when I am paying through XXXX, XXXX, XXXX, XXXX or any another of the payment solutions retailers use. As XXXX was not able to assist me further I asked to talk to a supervisor as I explained to him that there was a similar situation in XXXX with Capital one when I paid for a card I bought from XXXX and Capital One handled that purchase as cash advance as well though it was not a cash advance either. And when I explained to the people from Capital One after it went back and forth them accusing XXXX for declaring the purchase as a cash advance. XXXX back than assured me they did not declared the payment as such. So at the end Capital One refunded me the additional charges and fees for this transaction. 
When I saw these extra charges appearing on my statement this time I reached out to Capital One to clarify this situation and have the issue fixed before the closing date. But as I told you XXXX was not really helpful and even told me I should buy products and services in their app because for those I would not be charged extra fees. And I asked him what sense a credit card makes then if I am limited only to purchase the goods and services the credit card issuing bank is offering and for everything else I would be charged the cash advance fees as apparently Capital One has that freedom to declare payments as cash advances even if they are not actually cash advances. 
I explained to XXXX that I am from XXXX and over there our banks do not have the freedom to make arbitrary decisions what payment can be considered what just to maximize their profit taking advantage of people. At that point XXXX knew the following facts : I am not a local, XXXX is not my first language ( it is actually my XXXX language ), and that I was going through some issues that put a hardship on me. When XXXX finally connected me with his supervisor XXXX I informed her as well about me being technically considered a vulnerable customer by XXXX standards and explained to her the situation as well. XXXX ignored everything I said as well and insisted on that my payment was a cash advance and for that reason, I am getting charged the minimum fee for cash advance of {$10.00} and I need to pay {$0.00} additionally as interest. And I explained to her as well if she believes that I was doing this being aware of those fees when I paid a bill of {$37.00} that I have done this when I do have money on my checking and savings accounts I am having with Capital One. 
XXXX then told me that if I had paid the bill with my debit card they would not have charged me the the cash advance fees and the interest. I asked to explain why that would have made a difference as it is the same money from the same customer paying for the same bill and I was technically told that because of their definition. I asked XXXX where as a customer would I have had the chance to read exactly this that they define and declare charges freely the way they want to what she could not really give me an answer. I explained to her that we have had the same issue in XXXX and I was refunded the extra charged they took from me to what XXXX responded that most likely was due to the goodwill of Capital One which I explained to her was nonsense as no company has money to throw out - especially not during a global pandemic. And if that indeed was a gesture of goodwill that situation and the time would have been perfect to educate the customer that the refund was actually a gesture of goodwill and explain to the customer why and why payments through merchants outside of the Capital One app and websites would be considered cash advances and also inform the customer that should this situation repeat the customer would have to pay for this. But nothing of the sort has happened. I received the refund I believe it was in a form of a check and I believe an apologetic letter was sent to me from Capital One as well. 
I had to bring this up multiple times before she finally decided to look into the case. She then told me that the refund was not done by them but by the dispute department and she told me to hold while she will reach out to a supervisor from the dispute department. While waiting several minutes I was introduced to XXXX from the dispute department. XXXX later used the term of being my senior account XXXX though. I explained the whole situation to XXXX as well. Explained to her that I was not aware Capital One would do things like this and define certain charges as cash advance when others like XXXX XXXX, XXXX XXXX  XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX etc. would not. XXXX talked to me as I was an XXXX. I assume that XXXX told her that I would technically fall under the definition as vulnerable customer and XXXX just wanted to discriminate me with the way she talked to me. She literally talked to me as I was a XXXX XXXX XXXX not knowing anything about how banks and transactions work and as I just crawl from underneath a rock. The worse part is I told her my name, spelled my name as I did to the others as well and NONE OF THEM EVER even showd some efforts to pronounce my name correctly. But XXXX was the worse calling me at least XXXX different names. 
All three also could see my information on the screen - they confirmed this when I asked them if they can see my details in regards to that I would have used other payment options if I knew that Capital One would charge me an extra fee of {$10.00} for a payment of {$37.00} - and all of them called me Ma'am or XXXX. I explained to them that just my voice is higher but I am male. I was born biologically male and I did not have any changes on my gender nor do I intend to change something. But XXXX and especially XXXX completely ignored the fact at all. And with XXXX talking over me and constantly interrupting me I had already several names she called me. 
XXXX XXXX confirmed that if there are third parties involved in payments Capital One would consider those payments as cash advance. I explained to XXXX that these days the little kiosk in the mall uses a third party merchant solution like XXXX, XXXX, XXXX, XXXX and how would I as a customer know or be informed when Capital One actually considers which payments as cash advance to what condition. XXXX had no response to this either accept for referring to Capital One policies. I asked XXXX if she is going to take care of this and fix this as this is not the right way to do business and it is taking advantage of people, especially the vulnerable ones who would not even realize fast enough or at all that they were being charged {$10.00} PLUS interest fees by Capital One buying a bottle of water for {$2.00} at a Kiosk in a mall for example and that kiosk uses clover or SumUp or any other payment processor and Capital One would consider that payment as cash advance because they can and because they want money. 
How can this even be legally happening such practices? XXXX rudely interrupted me again and even when I told her that her behavior is absolutely disrespectful and unprofessional and that she can not treat customers that way and call them names she wants to use for them or assign them genders based on what she believes she can do she did not really care. I informed XXXX I will reach out to regulators and consumer protection institutions were Capital One is doing business since this is absolutely disturbing and I am actually very concerned of that Capital One is doing this to elderly people who we know are not regularly checking their bank statements. Or other vulnerable people or people in need or refugees just to take advantage of those individuals and to make sure to make money! 
XXXX 's employee number she gave me when I asked her about identification possibilities is as follows : XXXX ( I can not tell if this is even correct but that is the only information I received ). 
I am sending you my complaint as I have the huges hopes with you to take care of this issue. And also because Capital One is headquartered here in this country and they seem to believe that they can actually do whatever they want to and discriminate and take advantage of people and their situation to their own gain. 

I sincerely hope you will make sure this bank is never ever going to take advantage of more people, especially not those who are vulnerable. Do not get me wrong here please, I understand the concept of capitalism and I appreciate it as I believe it helps not only society but is also healthy for the individuals as it makes us go on. 
However, I do not believe in businesses being enabled or encouraged to take advantage of other people 's disadvantages. That has nothing to do with capitalism anymore - that is rather criminal and would be more comparable what communism did in the past! No one anywhere in this world deserves to be treated like this. 

Please also excuse my XXXX skills as XXXX is not my first nor second language and there might be expressions within my message that might sound different or need clarification- please feel free to reach out to me if you have questions. 

Kind Regards, XXXX XXXX

Company response to consumer: Closed with explanation