Consumer complaint received 2022-11-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Getting a credit card
Sub-issue: Card opened as result of identity theft or fraud

Complaint:
My name is XXXX XXXX and I live with my husband XXXX XXXX at XXXX XXXX  XXXX XXXX in XXXX, Texas. I received a credit card statement from XXXX on XX/XX/XXXX that said we owed {$240.00} for credit card charges made at XXXX different stores in the greater XXXX area on XX/XX/XXXX and XX/XX/XXXX. We do not have a credit card account at XXXX so we realized my identity had been stolen. I called the XXXX customer service phone number on XX/XX/XXXX and spoke with XXXX who redirected me to an account rep at XXXX XXXX. I explained to XXXX at XXXX that these were fraudulent charges opened by someone with my personal information. XXXX acknowledged these were the result of identity theft and said we were not responsible for the charges and the account would be closed. I have included copies of the XXXX statement and XXXX written response with this submission. 
After that call we went to the Federal Trade Commission Identity Theft website and recorded the fraud event. The FTC file number is XXXX. We also went to all three credit bureaus and put a freeze on my credit. That freeze is still on today. 
On XX/XX/XXXX we received a letter in the mail from XXXX XXXX  stating XXXX & XXXX had received a credit application and was asking us to confirm the information on the application. I immediately called XXXX XXXX to tell them we did not make an application to XXXX & XXXX and that the request was a result of identity theft. XXXX  rep XXXX cancelled the application. A copy of the XXXX  letter with our notes on the conversation are included with our submission. 
On XX/XX/XXXX we received a statement in the mail from SaksXXXX and CapitalOne bank for charges made on XX/XX/XXXX in XXXX, Texas totaling {$350.00}. I immediately called CapitalOne and spoke with XXXX to report this as fraud. XXXX said the account would be closed. 
On XX/XX/XXXX we received a letter in the mail from CapitalOne stating that we were responsible for the charges because we opened and interacted with the account. I immediately called CapitalOne and spoke to XXXX to refute their claim that we opened the account. She said we need to fill out forms to verify our position. We received those forms in the mail, completed them as requested and had them notarized as instructed. I mailed to CapitalOne on XX/XX/XXXX. 
Sometime after XX/XX/XXXX ( the end of CapitalOnes billing period ) we received a past due notice and statement with interest and fee charges. I called and spoke with XXXX in CapitalOnes fraud group to again state that this is identity theft. 
On XX/XX/XXXX we received a letter and another statement from CapitalOne. The letter stated that CapitalOne had discovered information that lead them to believe I or another account user benefitted from the transactions. Again they stated that we opened and interacted with this account. I called XXXX with CapitalOne and she transferred me to XXXX a fraud supervisor with CapitalOne. We discussed my notification of the FTC and also that we had placed a freeze on our credit. XXXX requested and I emailed copies of our XXXX communication and letters regarding the XXXX and XXXX fraud events. 
On or around XXXX we received another statement. My husband called CapitalOne to discuss this issue but they refused to speak with him because he was not the account holder. So my husband and I together placed a call to CapitalOne on XXXX. We first spoke with XXXX at CapitalOne and she acknowledged and confirmed my permission to allow my husband to speak on my account. My husband went through the entire history of reporting this fraud issue with CapitalOne including the information we sent at their request and the notarized affidavit that I completed. XXXX said she could not resolve the issue so she transferred us to XXXX, a CapitalOne Fraud Specialist. My husband went through the entire history again only to be told by XXXX that she could not clear up the situation so she transferred us to XXXX. Before my husband got too far in to the history XXXX advised that he was in the Offshore department so he transferred us to XXXX in the Onshore Fraud department. After another explanation of the history to XXXX he advised that he could not resolve the issue and was transferring us to XXXX, a Fraud Recovery Specialist. 
My husband went through the entire history again with XXXX XXXX and all the conversations were recorded by CapitalOne so our story can be verified ). After reviewing whatever data was available to her XXXX stated that the findings of CapitalOne indicated that someone used my cellphone on XX/XX/XXXX to activate the XXXXfirst cards that were mailed to us and that someone in our family appeared to have benefitted from the account. We corrected her and let her know that we never received any credit cards from XXXXfirst in the mail. And the phone call she claims we made on XX/XX/XXXX to activate the cards was actually the call I made on that date to report the fraudulent case. I reminded her of the conversation I had with XXXX of CapitalOne on that date and she should be able to pull up the notes from that conversation to verify the discussion. To our great surprise XXXX said that CapitalOne doesnt keep records of those calls. It seems irresponsible that a major bank would not have adequate records regarding transactions with customers. XXXX did say they have a recording of those conversations and she was going to review those conversations to verify our story. We also informed XXXX their accusation that family members may have used the card was incorrect since all XXXX of our children are grown and live in other cities. We have no other family members in the greater XXXX area. 
My husband reminded XXXX that Federal Regulation E provides consumers protection against identity theft and fraud and that CapitalOne was not upholding their obligation to comply with that regulation. He also informed her that we would be filing a complaint with the Consumer Financial Protection Bureau against CapitalOne. 
As of the writing of this letter of complaint to the CFPB my credit rating has declined significantly due to the CapitalOne charges and fees and interest charges that are accruing. You should be able to access our credit rating where you will see that we have always maintained a good credit rating. You would also see that we have had no consumer credit cards other than XXXX XXXX for at least 10 years. And our XXXX XXXX credit account has been maintained in good standing for the many years weve had the account. 
I feel very helpless and fearful over this act of fraud. We were encouraged when XXXX and XXXX handled the fraudulent events with fairness and diligence. We are extremely disappointed that a major bank like CapitalOne would make unfounded accusations in spite of the information we have shared and sent to them. We are hopeful that your Bureau will be able to resolve this issue and restore our credit rating to its previous standing. 
Please feel free to call me ( XXXX ) or my husband ( XXXX ) anytime to discuss this matter. Thank you for you help.

Company response to consumer: Closed with non-monetary relief