Consumer complaint received 2020-03-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OK
Product: Checking or savings account
Sub-product: Checking account
Issue: Managing an account
Sub-issue: Problem using a debit or ATM card

Complaint:
Date of Fraudulent Activity : Saturday XX/XX/2020 around XXXX EST Amount : Back-to-Back withdrawls for {$500.00} ( inc. fee ) each for a total of {$1000.00} Actions by Me : 1 ) Called customer service on Saturday XX/XX/2020 as soon as I saw the two fraudulent charges in order to a ) cancel the card and b ) submit a claim for recouping the stolen funds -On this call I was told the bank would open an investigation, request security footage from the bank that operated the ATM where the fraud occurred, provide a temporary credit, and respond with the outcome of their investigation 2 ) On XX/XX/XXXX, I call customer service again to appeal the declined claim. Escalate to a supervisor who repeats the same " there's nothing we can do '' response and offers no alternative pathways to resolution. 
-On this call with the first rep, it was strongly hinted that I would have had more luck had I said the card was stolen initially. 
-Capital One refuses to work with me or conduct additional due diligence so I immediately ask to file a new claim changing my statement that the card was in my possession. 
-A new claim is opened 3 ) On XX/XX/XXXX, I file a report with the XXXX XXXX XXXX police department and am told that chip cards can indeed be hacked and there have been many cases of this in Florida . Police case # XXXX. Note - I do not live in XXXX and so I will not be able to obtain a hard copy of the report before I leave back to XXXX, OK. 

4 ) On XX/XX/XXXX, I call customer service yet again ( third time ) to appeal the declined claims. I receive the same nonchalant responses and that nothing can be done. I escalate to speak to supervisor who provides slightly different information about my case than all previous reps and supervisors. Still, Capital One is not willing to compromise, conduct a real investigation, nor provide adequate justification for the denial. I continue to push to speak with the investigator and finally speak to someone more involved with the " diligence '' process at the bank. I am told they can not re-open the claim but that they can escalate one more time to have the investigator take another look. 

5 ) On XX/XX/XXXX, I speak to a new rep who says " theres nothing else we can do '' and that I can try to send the police report to see if that helps at all. I explain that I do not have the copy of the report but I do have the report number. I also explain that the reports dept of the XXXX police department was considered non-essential and was therefore closed with no timetable for return. I am met with the same " not much we can do for you sir '' response that seems to be all they are trained to say. I also explain that Capital One is leaving me with no option besides making this an official legal matter ... i receive the following response " if you decide to pursue legal action, that is your right ''. I tell them i will send the police report number now and, if able, the actual report. I ask if I will receive a response, decision, or follow-up. The answer I receive, a flat out " thats not our policy ''. 

6 ) I send an email to Capital One 's claims dept ( XXXX ) with the police report number but not the actual report, because of what I stated in # 5 above. 

7 ) I file a complaint with the CFPB Actions by Capital One : 1 ) Responds to claim on XX/XX/XXXX with a decision to deny the claim stating that " Our research shows this transaction occurred with a chip card at a chip-enabled terminal. '' 2 ) Responds to claim on XX/XX/XXXX with a decision to deny my claim again. This time stating " We finished looking into your claim and didn't find an error. '' -Each time a claim is denied, i lose the provisional credit and my account is short $ XXXX 3 ) On XX/XX/XXXX, I see that the provisional credit was yet again removed from my account. I am down $ XXXX yet again. I do not receive any notice that my case is closed or that the escalation didnt result in a change of decision. I had to call on my own to ask what the status of my case was and reexplain the whole ordeal to a new rep.

Company response to consumer: Closed with explanation