Consumer complaint received 2017-04-17
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Bank account or service
Sub-product: Other bank product/service
Issue: Account opening, closing, or management

Complaint:
I am writing about discrimination that occurred while interacting with a  Capital One Ban k,  executive  office representative. The representative 's name was  XXXX   XXXX  ( employee ID  XXXX  ). The case number referencing the call is  XXXX . I called as I was having difficulty with the online process of requesting a credit line increase, thus I called to asked to speak to an underwriter and g et information re : m y request for a credit line increase.  XXXX  told me that I was not allowed to speak to an underwriter based on what she assumes my " abilities '' are and that speaking to an underwriter is an option that is just not available to me. I told her that this was a clear example of discrimination and you  may  not differentiate services based on one 's assumption of someones abilities over a telephone. She then asked what my  disability  was to which my husband responded that based on ADA and other legal guidelines, you MAY NOT ask someone to disclose their disability, rather if a customer is asking for another channel to assist them in reaching an answer, they must be provided with that option and options available to  one  set of people must not be withheld or discriminated against based on an assumption of a representative on the other line of the phone.  XXXX  disagreed on this and refused to reroute us to an underwriter to discuss my credit line increase. I then repeated that I would like to speak to someone regarding a credit line increase above {$2700.00}, to which  XXXX  said I could not qualify for. I then asked her to send me an adverse action notice outlining my denial for a credit line increase, as I feel there must be an error on their end as my  credit score  is more than excellent and I have almost no debt, and she stated Capital One does not send adverse action notices. This is against the Fair Credit Reporting Act , Regulation B, a s adverse action notices must be sent out when a credit line increase is denied. I would like this Bank, and particularly  XXXX  in the  executive offices to be investigated for not following Regulation B of the FCRA and discriminating against me, withholding servic es based on her assumption of my abilities as well as asking me to disclose a disability, all which is illegal in relation to ADA. When we asked for her employee number and reference number as we wanted to report this to the  XXXX , she stated that the complaint would only come back to the  executive   offices anyway, implying that you would not investigate or take action because I was already escalated to the executive offices. This upset me even more as there was no reason to make this comment and I am concerned that they may brus h their illegal and discriminatory processes to the side because they feel they are invincible against the CFPB because they are in  an executive pos ition. Discrimination and differentiating services is never acceptable and the FCRA regulations were set forth for a reason and this company should be investigated. I do have part of the conversation recorded should you need this information, inc ase Capital One acciden tally " loses '' our recorded conversation. Additionally, I encourage the CPFB to look at consumer affairs and you will see that this happens frequently to other customers and this just should not be allowed.

Company response to consumer: Closed with explanation