Consumer complaint received 2020-10-19
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AZ
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Other features, terms, or problems
Sub-issue: Other problem

Complaint:
Incident that occurred XX/XX/2020 On XX/XX/2020 Mr. XXXX had attempted to log in to his capital one account using a desktop that was located at his residence at XXXX XXXX XXXX XXXX and although he logged in using this device that belonged to him at the same location, he lived at for over 5 years using the same internet service that he has had since he moved to the residence and using the correct log in credentials capital one flagged the log in as suspicious and required that he be sent a text in order to unlock the account. Mr. XXXX currently doesn't not own a phone and was worried that he could not access the account to make the payment on time before the XXXX he panicked and ended up hurting himself he had multiple XXXX XXXX XXXX to his XXXX XXXX and has suffered from XXXX because of this. Mr. XXXX has attempted to resolved this matter he chatted with multiple reps via online chat with no resolution, he called the fraud department via his local branch with no resolution, he filed complaints with the XXXX  the attorney general 's office and the CFPB and despite this capital one will not allow Mr. XXXX to access the account, Mr. XXXX even uploaded copies of his driver 's license to capital one for verification but capital one didnt even follow up with Mr. XXXX. 



Americans with disabilities act It is against the law to discriminate or to deny access to services of good and products because of a XXXX. It is also against the law to discriminate against someone based on race, creed, gender, and social and economic status. You can not prevent someone from logging into their account because they do not own a phone a person may not own a phone by choice, location where phone service isn't accessible, if a person can not afford a phone, and if some has a physical or XXXX  XXXX that prevents them from being able to use a phone. Captial one by law can not deny a legitimate account holder access to their account because they do not have the access to a phone for the reasons outline in this paragraph. Capital, one has failed to provide Mr. XXXX with an alternative means of verification. Mr. XXXX did however upload a copy of his driver 's license front and back but capital one did not unlock the account nor did they even address or follow up on that issue Attempts made to resolve this issue Mr. XXXX has made numerous attempts to resolve this matter with capital one Multiple chats were initiated with capital one 's customer service and multiple agents gave MR XXXX the incorrect information. 



Customer service chat Mr. XXXX was told that was told that if he called XXXX capital that he could resolve the matter over the phone this was incorrect as he spoke to the fraud department and was told that wasnt possible. Mr. XXXX was also told by the customer service agent that he could uses someone else 's phone and MR XXXX had a friend to whom he trusted had allowed the use of their number but when the agent attempted to send the verification text it failed because the number wasnt in MR XXXX 's name. This however is a concern for two reasons 1 if and individual did have a mobile phone but the phone wasnt in their name that person wouldnt be able to do two factor authorization. And secondly if an individual has a prepaid phone or a XXXX XXXX even though they have a mobile phone that individual wouldnt be able to do two factor authorization because they do not have a generated bill under their name, they simply purchase a prepaid card and load the money onto the phone rather than have a generated monthly bill. Not that there is no fraud accruing here Mr. XXXX Simply wants to access his account online and simple doesn't have the means to do the two-factor authorization via mobile phone. 


Capital One Fraud Department Call Mr. XXXX had attempted to make a call via his local bank-desert financial in hopes that he could resolve the matter over the phone. He spoke to an individual from the fraud department and was told that the only other way to verify the account without a mobile phone was to either mail or upload a copy of his driver 's license and within 7-10 business days they would verify and unlock the account. Mr. XXXX did in fact upload a copy of his driver 's license however it has been over a month and he still has no access to the account nor has capital one responded about the issue with the driver 's license. Mr. XXXX also explained to the fraud department that he had switched from a pc that broke in XXXX to a tablet and had no problem logging in with the tablet and had received an email from capital one on XX/XX/XXXX but even though he used a new device it did not require that he do a mobile text verification it was only when he used his new pc that it did this to him. The fraud department said that they had never heard of that happening before. 



Capital One Caf located at XXXX XXXX XXXX XXXX Capital one bank has no physical branch locations however they had a branch that was supposed to open in spring of 2020 according to XXXX XXXX XXXX    Mr. XXXX had drove all the way from XXXX to XXXX only to find that the branch was closed. Mr. XXXX Believed that he could resolve this if he could speak with someone at the branch however the only location was closed even though under governor XXXX XXXX executive order banks were deemed as essential businesses and could remain open even during a stay at home order. During that last two months however in order for Mr. XXXX to make payments on his 2 accounts he would have to drive from XXXX twice a month just to make a payment at the only capital one atm because he still did not have access to the account. The branch finally opened in the first week of XXXX and Mr. XXXX made another trip down there and spoke with the customer service rep Mr. XXXX XXXX. Mr. XXXX told Mr. XXXX that there was nothing they could do that you have to have a mobile phone. Mr. XXXX asked if he could escalate the matter but Mr. XXXX said he couldnt do that. After explaining to Mr. XXXX, the situation in regards to the call to the fraud department he informed Mr. XXXX that they were giving him the incorrect information and that the only reason they would ever have a member upload copies of a driver 's license was for a name change on the account. Mr. XXXX spoke with Mr. XXXX for about twenty minutes and with no resolution or help of any he then left Arbitration Attempt 's XXXX, Attorney Genrals office, ADA XXXX XXXX XXXX   complaint A complaint was filed with the XXXX XXXX XXXX of XXXX Virgina on XX/XX/2020 however capital one did not attempt to resolve the matter or even put forth a response they only stated that they were processing the complaint The Arizona Attorney General 's Office A Complaint was filed with the Attorney Generals ' office on XX/XX/2020 however capital one responded saying they needed additional time to research the matter but did not offer a response ADA A complaint was also filed with the ADA due to the fact that Mr. XXXX clearly told capital one that he had a XXXX and that they would not make an accommodation to allow him access to his account. There has been no follow up with the ADA Complaint and that complaint is still pending. 



Mailing Payments While mailing payments is an alternative it however doesn't resolve the matter. Firstly, there's a cost associated with that Mr. XXXX would have to purchase checks, and he would also have to purchase stamp 's and envelopes. In addition, the time it takes would be much longer to process a mailed payment as opposed to simply being able to log into the account and making a payment online it would take 1-2 business days to fully process an online payment whereas it could take a week- two weeks to process a mailed payment. 



The Argument The argument here is clear Mr. XXXX needs access to his account so that he can conduct his banking online and conveniently. Mr. XXXX is the account holder and there is no fraud here Mr. XXXX simply does not own a mobile phone and doesn't have the means to do so. And a business can not force someone to have a mobile phone in order to access the account and they most certainly can not force someone to have a mobile phone who either doesn't have access to a mobile phone, or some who has a XXXX that prevents them from using or owning a mobile phone. And capital one has not provide any type of reasonable accommodations to resolve this matter in fact they refused to offer any resolution. While capital one maintains that they do this for security purposes capital one should not prevent its own card holders from having access to their accounts because of social economic status, and or a XXXX or lack of access to a mobile phone. In this case Mr. XXXX made a legitimate login from a desktop that was located at his residence associated with the account using the same ip address and same internet provided associated with the address on file with the accounts and despite this capital one requires him to have a mobile number without a reasonable alternative way to verify the account. Mr. XXXX should not be forced to go out of his way to purchase a mobile phone simply to receive a text message the account in question should have never been flagged in the first place. Mr. XXXX can make payments via mail or via the atm but Mr. XXXX needs access to the account for other reasons such as, checking the account balances and transactions, accessing rewards monies, checking credit wise alerts, and most importantly if a fraudulent transaction or purchase were to occur on Mr. XXXX account he would need to be able to quickly access the account to check his trans action history simply relying on a paper statement mailed once a month wouldnt suffice. Mr. XXXX wouldnt be able to catch the fraudulent charge and dispute it quickly if that were to ever occur because he doesn't have access to his account online.

Company response to consumer: Closed with explanation