Consumer complaint received 2023-03-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
I have had a Capital One Online bank account, savings account, and MONEY teen account for a few years now with no issue. In XXXX, when I was hospitalized for 5 days, I came home to my statement and found 3 separate transactions totaling almost {$960.00} that I did not authorize. After reviewing the statement and calling the claims department on XX/XX/XXXX to file a claim for the unauthorized transactions, The fraud Charges are as follows XX/XX/XXXX at XXXX XXXX XXXX * {$340.00} # XXXX * {$220.00} Claim # XXXX * {$400.00} Claim # XXXX I have all correspondence saved if needed. 

When I initially filed my claim by calling claims, I had thought the 3 transactions were electronic XXXXXXXX XXXX. I assumed my card info was compromised or my card had been cloned like many I know due to having the card. I later checked my second bank account and saw over 45 days of unauthorized charges almost daily from the same location and filed a claim with my other bank as well, which has given me no issue. I set up an appointment with the bank fraud detectives at XXXX and filed a police report providing the cards, the statements, and the claims info for banks. 

A few weeks later, I received an email stating that the claim for all 3 transactions was denied due to the charges being from a micro-chip enabled terminal. I contacted claims and asked for an explanation they stated my card was used and I can not dispute the card use. I advised I did not authorize those transactions and if you review my history I never use my card at terminals ever, and was in the hospital at the time the charges were made. I advised I wanted a second look and that I could provide my police report. The claims agent said they would review my report with the deputy who took it if I emailed a request to reopen for investigations, which I did immediately. They also advised with the report they would get pictures and look deeper. 

I immediately transferred a majority of my balance to my other bank since Capital One was not protecting my money and my account. I sent via email everything requested, including the Deputys contact info, report, and detailed description of the appeal. This was all emailed to investigations as requested : XXXX They said they would review in 20 days maximum and then the provisional credit that they deleted from my account should be placed back into the account permanently. They took back the credit after denying the claim when it was under appeal. Credit reversed XX/XX/XXXX while investigations were still ongoing and the bank advised that this was a system generated automatic reversal that would be fixed once a police report was received. 

After 25 days no contact I called and spoke to a supervisor who said they received my police report and have reopened the claim, but that the investigations team hasnt reviewed. Since it had been over 20 days, the agent called, placed me on hold for about 30 minutes, and came back to say she requested they expedite review of my documents. Within 1 hour, I received an email stating my claim has been denied again with the same reason from a micro-chip enabled terminal. They never contacted the XXXX, accessed the police report, or provided any of the investigations information they promised. 

I called back and asked about the police report and the agent simply said I am not sure why they didnt take the time to review it and there is nothing further I can do. I asked about a second appeal process or my right to see what they investigated on these claims to deny them, and they did not know how I should proceed. The communication after that by phone with an agent named XXXX was responded to without the investigation information needed and without a name, the email was auto generated and is attached in supporting documents. 

The bank has failed to protect consumers against fraud and thoroughly investigate fraud and provide that information to me on their decision or coordination with XXXX.

Company response to consumer: Closed with explanation