Consumer complaint received 2022-07-05
Company: CAPITAL ONE FINANCIAL CORPORATION
State: KY
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:
On XX/XX/2022 I made a purchase using my Capital One credit card in the amount of {$130.00}. Within 20 minutes of making the purchase, I found the merchant to be a scam operation and notified Cap One of the problem. In that same period of time, I emailed the merchant to cancel the order. The merchant ignored the cancellation and provided a shipping confirmation through XXXX- which contained only information that the scammer input ( not any validation what so ever ) with the tracking number, my address, and the product. However, only the tracking number was found to be valid when I contacted XXXX and received the Detailed Tracking Information. This XXXX document provided the address that the merchant actually shipped the product to, along with the weight of the package of XXXX XXXX ( although the purchased item was XXXX packages each weighing XXXX ). 

The XXXX document proving that the package was never received, and obviously was the wrong weight was clear indication of an attempt by the merchant to falsify delivery confirmation as part of the scam. Both the XXXX and the merchant 's XXXX representative stated that this matter was a scam ( and XXXX had already shut down their account for similar activity of this nature ). 

However, Capital One denied my dispute no less than THREE times continuing to request more information was needed - but not telling me what additional information they needed. I can not see how much more information they needed that the extensive details I provided to them three times, and specifically the XXXX 's own verification that the package was never received ( or shipped ) to my address. However, Capital One continued to side with the merchant - and refused to even verbally acknowledge that the XXXX document that I provide clearly showed the package being delivered to a different address than my own. Capital One representatives even tried to conceal their errors by claiming it to be a " battle of documents '' ( i.e. the scamming merchant 's own typed in information vs. XXXX 's independent verification by detailed tracking information ). 

I have literally been fighting this matter with Capital One for over 7 weeks. Capital One is in clear violation of the Fair Credit Billing Act and has repeatedly violated my rights and protections of this law. They should be held fully accountable and penalties incurred for their willingness to ignore independent and indisputable evidence that would have, and should have, resolved this matter with the very first submission of the documents. Yet, they realize they have themselves in a serious legal problem and provide vague and non-responsive answers to very simple and direct questions- such as " do you agree that the XXXX document provided shows the items on the tracking number to have been delivered to an address other than my residence? '' and similar. How hard is it to respond to a question like this? Yet it has been impossible to get a straight and direct response to this question. 

Capital One should be penalized for their willful efforts to violate my rights under the FCBA. I will not accept anything other than a full and complete answering of the questions I have previously provided to them, as well as a complete and thorough answer as to why they have continued to allow this matter to fester despite clear evidence that proves the merchant did not deliver the product to me.

Company response to consumer: Closed with monetary relief