Consumer complaint received 2021-05-28
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI
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:
Capital one did not address the issue. the issue is federal violations and the alleged debt and NOT about the account opening. 

Capital one is in violation of federal law 15 U.S. Code 1666d.Treatment of credit balances.Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumers account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than six months, except that no further action is required in any case in which the consumers current location is not known by the creditor and can not be traced through the consumers last known address or telephone number. 

Capital one is stealing the consumer/original creditor credit! 








15 U.S. Code 1666a - Regulation of credit reports ( a ) Reports by creditor on obligors failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. 


15 U.S. Code 1681b - Permissible purposes of consumer reports 18 U.S. Code 1028A - Aggravated identity theft ( the Consumer Never gave authorization the capital one to sell my information and report ANY negative information to XXXX, XXXX, XXXX  or any credit reporting agency. 

15 U.S. Code 1692g Validation of debts ( capital one refuse to validate debt and continue to send monthly statements 15 U.S. Code 1692d - Harassment or abuse ( capital one is harassing the consumer by threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. capital one reporting late payment without authorization is damaging the consumer/original creditor person. 

15 U.S. Code 1692f. -Unfair practices 15 U.S. Code 1692b. -Acquisition of location information 15 U.S. Code 1692e.False or misleading representations

Company response to consumer: Closed with explanation