Consumer complaint received 2016-11-02
Company: CAPITAL ONE FINANCIAL CORPORATION
State: CA
Product: Credit card
Issue: Billing statement

Complaint:
Dear Sir or Madam : I am seeking your help to enforce Sec. 163 of the Credit Card Accountability Responsibility and Disclosure Act of 2009. I suffered monetary loss of {$96000.00} in higher interest payments that will occur over the life of my home mortgage from incorrect information reported by Kohl 's to XXXX, XXXX, and XXXX. I have disputed this information multiple times with Kohl 's, XXXX, and XXXX. While Kohl 's could not provide any evidence to prove that the information is correct, Kohl 's continue claiming that the information is correct. 

Kohl 's reported XXXX late payments to credit reporting agencies as shown in XXXX. XXXX : The late payment reported in XXXX XXXX. 
The late payment reported in XXXX XXXX. 

The late payments were inaccurate because Kohl 's does not have reasonable procedures in place to ensure that each periodic statement is delivered to me no later than 21 days before the payment due date. 

Kohl 's e-statement delivery system had not sent me any emails for billing statements in XXXX and XXXX. Though during the same period, I had received marketing emails from Kohl 's and Class Action Settlement emails. I had reported this problem to Customer Service and XXXX XXXX XXXX ( XXXX. XXXX ) and asked Kohl 's to send test emails ; however, Kohl 's did not have any reasonable procedures in place to resolve the problem. In a phone conversation with XXXX XXXX XXXX on XXXX/XXXX/XXXX, XXXX XXXX said that I could have checked the balance online, called Customer Service or gone to the store, and she made no attempt to check Kohl 's system. In another phone conversation with XXXX XXXX on XXXX/XXXX/XXXX, I informed her that XXXX XXXX XXXX had not sent me e-statements either but fixed the problem after I reported the problem to customer service. I also told her that I had received complaints from my company 's customers regarding not receiving e-statements as well. After diligent investigation, we found out that our company 's new system did not send e-mail notification to customers automatically when a billing statement was created. However, XXXX XXXX still did not conduct any investigation even though she did not have any evidence of sent emails. She closed the case based on that statements were created ( XXXX. XXXX ) and never responded to my requests for evidence of sent emails ( XXXX. XXXX ). 

In addition to problems with e-statements deliveries, Kohl 's also had problem with its automated calling system which I also reported to XXXX XXXX ( XXXX. XXXX ). From XXXX/XXXX/XXXX to XXXX/XXXX/XXXX, Kohl 's made 23 failed calls. I answered XXXX calls from XXXX but nobody was on the caller side. I received 19 voicemails from XXXX but the voicemails were only 1-2 seconds long and no messages were left. From XXXX/XXXX/XXXX - XXXX/XXXX/XXXX, I received 11 voicemails from XXXX and XXXX but again the voicemails were only 1-2 seconds long and no messages were left. Even though Kohl 's automated calling system failed, Kohl 's still did not check its e-statement delivery system. In a phone conversation with XXXX XXXX on XXXX/XXXX/XXXX, XXXX XXXX said Kohl 's is not required to call me about the payment due. However, she could n't answer what Kohl 's procedures are in the event that its e-statement delivery system fails. 

There is an unfair information and resource imbalance between Kohl 's and consumers. Thus Kohl 's needs to have a high level of standard when providing negative information that damages a consumer 's credit score. Based on the unreliable e-statement delivery and automatic calling system, and lack of reasonable procedures in place to resolve customers ' complaints, I believe that they have not met the standard required by the law. Please see Exhibit XXXX for other consumers who have complaints against Kohl 's for the same issues.

Company response to consumer: Closed with explanation