Consumer complaint received 2022-09-15
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Getting a credit card
Sub-issue: Application denied

Complaint:
Capital one has discriminated against me and has caused severe hurt to provide for myself and my family. Capital one has discriminated me by denying me credit when capital one has no federally protected right to do so. I entered into a consumer credit transaction with capital one and extended my credit with my credit card. The definition of credit card in the truth in lending act which is according to 15 USC 1602 ( l ) is a card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property labor or services on credit. Keyword credit. Credit is my right in which I exercised and I am the original creditor in which the Truth In Lending Act says. Per federal definition of credit 15 USC 1602 ( g ) the terms creditor referral only to a person who regularly extends. I extended my credit with my credit card to obtain from Capital One. I would fall under the definition of person in the truth in lending act so in federal law it says I am a creditor. Pursuant to 15 USC 1602 ( f ) the term credit means the right granted. I give the right to credit to another person ( person being a corporation which is Capital One in this consumer credit transaction ) I have in fact been discriminated against by a voluntary system ( XXXX, XXXX, and XXXX ) in which that voluntary system is not backed by law. There has been an article on the CFPB website that said the reporting of consumer reporting agencies is voluntary. There is no law that states that I can be denied credit because of a voluntary system that was created and not backed by federal law. 

According to 15 USC 1691 ( a ) ( 3 ) - It says is shall be unlawful for any creditor to discriminate against any applicant with respect to any aspect of a consumer credit transaction because the applicant has in good faith exercised any right under this sub chapter. I have been discriminated against in fact because I exercised my right to credit because credit is the right granted by a creditor. There is no law that says I shall be denied credit because of a consumer report. Pursuant to 15 USC 1602 ( p ) this transaction would be considered unauthorized use as there are hard inquiries on my report which means that a consumer credit transaction took place and that hard inquiry in fact negatively impacted my credit and I did not receive my extension of credit in result of that. Capital one still proceeded to use my credit card but did not give me my right to credit definition of unauthorized use is a use of a credit card by a person other than the cardholder who does not have actual implied, or apparent authority for such use and in which the cardholder received no benefit. Capital one benefited from this transaction but I as the consumer and creditor did not. Capital one truly needs to rectify this situation as I continue to reach out and get my extension of credit as it is my right in the Equal Credit Opportunity Act and if capital one does not rectify this situation I would proceed to file a federal claim for compensatory damages - compensatory damages of pain and suffering for having to go back and forth and exercise my federally protected rights and the fact that this is impeding on my life and my ability to provide for my son. 

I do not approve of any previous responses Ive already received from this company. I demand my extension of credit Kind Regards.

Company response to consumer: Closed with explanation