Consumer complaint received 2023-06-07
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit repair services
Issue: Fraud or scam

Complaint:
I am writing to bring to your attention a matter of serious concern regarding discriminatory practices in the misappropriation of accounting of U.S. government property for a special deposit and discrimination in the extension of credit by fiduciary Capital One , National Association, FDIC XXXX # XXXX. I recently applied for a financial product offered by Capital One, financial institution, specifically the Quicksilver Card, and was subsequently denied the extension of credit. This denial, in my view, violates the provisions of the Equal Credit Opportunity Act and other relevant laws. 

As a natural person and card issuer, I completed the consumer financial product application in good faith, including my credit card ( social security card ) providing collateral security, to secure in advance the sum of all charges as disclosed under the omission of term " finance charge. '' This special deposit was intended for the fiduciary, XXXXapital One , National Association, an insured depository institution, granting them the authority to act on my behalf as beneficiary, non-citizen national of the United States and cardholder of the individual consumer. 

The adverse action taken against me by Capital One , National Association, as evident from the adverse action letter dated XX/XX/2023 ( Exhibit 1 ), is in direct violation of the Equal Credit Opportunity Act ( 15 USC 1691c ). Discriminating against a consumer based on protected characteristics is unlawful and may result in civil liability, as stipulated in 15 USC 1692k. Furthermore, the institution Capital One and it officers may face criminal liability under 15 USC 1691 for engaging in discriminatory practices. 

I also wish to highlight that Capital One , National Association is accountable for meeting statutory and regulatory requirements resulting from the importation of my nonpublic personal information. Despite this responsibility, your institution discriminated against me by denying the delivery of my asset and approval for the extension of credit, despite my application complying with the relevant provisions of the Equal Credit Opportunity Act and the Federal Reserve Act. 

Upon receiving the adverse action letter dated XX/XX/2023, I sought reconsideration from the fiduciary, requesting the credit value equal to the collateral I had provided in exchange for the recognized insurance coverage. However, my request was again discriminated me on account of national origin and race but purportedly based on unverifiable rumors, defamatory hearsay, false statements, and even obscene language, which were furnished with malice or willful intent to injure me as a consumer and to deprive me of my federally secured right to credit. Such actions may constitute violations of the Sherman Act. 

Please take note that statements that the adverse action was based on the creditor 's internal standards or policies or that the applicant party failed to achieve a qualifying score on the creditor 's credit scoring system are insufficient. 

Furthermore, XXXXpital One , National Association appears to be in violation of 15 USC 1642, 15 USC 1681m, and 12 CFR 1002. I made a completed application in good faith reliance on the Truth in Lending Act, expecting credit to be issued. However, credit was not extended to me as guaranteed. 

Additionally, the unauthorized use of my credit card and the absence of any corresponding benefit to me demonstrate fraudulent activity and a violation of the Truth in Lending Act. The application terms provided by Capital One , National Association ( Exhibit 3 ) also unfairly and deceptively omit the required disclosure of the determination of the finance charge, contravening 15 U.S. Code 1605, 15 U.S. Code 1632 ( a ), and 15 U.S. Code 1637. 

Moreover, it has come to my attention that my social security account number ( credit card ) was misappropriated through the use of a deceptive application form, which excluded me as the participant original creditor and impeded my ability to make an informed decision on behalf of my consumer. This constitutes an illegal restraint of trade and deprives me of the secured right. 

I hereby revoke any and all electronic communication by any electronic agents with Capital One , National Association in accordance with the E-SIGN Act for handwritten response to my complaint under penalty of perjury for verification of review of my completed application. Furthermore, I enclose a copy of my U.S.A. passport credentials ( Exhibit 4 ) as appropriate proof of identity for verification and record-keeping purposes, as required by federal law. 

It is important to note that failure to comply with the aforementioned legal requirements and rectify the discriminatory actions taken against me will result in criminal and civil liability. I possess evidence that clearly demonstrates the discriminatory practices outlined in the adverse action letter I received from your institution ( Exhibit 1 and 2 ).

I demand that Capital One , National Association takes immediate and reasonable measures to address this matter, including compensating me for the unauthorized use of my credit card and the denial of the extension of credit. Failure to do so will leave me with no choice but to pursue all available legal remedies to protect my rights as a consumer. 

I trust that you will give this matter the urgent attention it requires. Please respond to this complaint within 30 days of receiving this letter. Thank you for your immediate attention.

Company response to consumer: Closed with explanation