Consumer complaint received 2023-10-26
Company: CAPITAL ONE FINANCIAL CORPORATION
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Managing the loan or lease
Sub-issue: Problem with additional products or services purchased with the loan

Complaint:
Complaint Against Capital One Auto Finance for Violations of Federal and State Laws, Breach of Contract, TILA Violations, Misrepresentation, Willful Non-Compliance I am writing to file a formal complaint against Capital One Auto Finance, citing their alarming and continuous willful non-compliance in the face of legitimate inquiries and concerns related to my auto loan account. On XX/XX/XXXX I diligently sent a debt validation letter to Capital One Auto Finance & its Registered Agent a legally mandated request seeking validation of the legitimacy of my auto loan account. Astonishingly, despite sending this letter in XX/XX/XXXX, my correspondence has remained unanswered to this day. Furthermore, I communicated additional concerns to Capital One Auto Finance & its Registered Agent in XXXX, specifically drawing attention to a suspected case of fraudulent activity intricately connected to my auto loan. My letters, dispatched in XX/XX/XXXX, meticulously outlined the details of the alleged fraud, accompanied by an urgent plea for an immediate and comprehensive investigation. Despite the gravity of the matter and the urgency conveyed, Capital One Auto Finance & its Registered Agent has exhibited a complete disregard by failing to engage in any form of communication or commitment to resolving this critical issue. The lack of response to my inquiries and concerns, particularly within the stipulated time frames, outlines a persistent pattern of non-compliance, which has extended over 10 months. I wish to underscore that their ongoing non-compliance has not only inflicted significant emotional distress, but also demanded a substantial commitment of time and resources to get letters notarized and also imposed a substantial financial burden on me, as all the letters were delivered through certified mail with even additional out of pocket costs for return receipts. Capital One Auto Finance 's ongoing transgressions is in violation of my consumer rights including both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S. Code 1681n and 15 U.S. Code 1681o. 

Under 15 U.S. Code 1681n of the FCRA, entities that willfully fail to comply with respect to any consumer are liable for any actual damages sustained by the consumer as a result of the failure to comply. Moreover, under 15 U.S. Code 1681o, entities that willfully fail to comply with respect to any consumer are liable to that consumer in an amount equal to the sum of any actual damages sustained by the consumer as a result of the failure to comply, in addition to punitive damages. 
Capital One Auto Finance 's & its Registered Agent actions, or lack thereof, not only infringe upon the FDCPA and FCRA but also pose a serious threat to my consumer rights and financial well-being. They continued to demonstrate a complete disregard for federal, state, common, data protection, regulations, and ordinances. Their disregard for the law and their responsibilities as a financial institution is unacceptable. 

Furthermore, Capital One Auto Finance also constitute a violation of XXXX XXXX ( XXXX ) ( a ), a provision of the Uniform Commercial Code ( UCC ) that implies guilt by estoppel when a party fails to rebut an affidavit. I sent an Affidavit of truth in XXXX along with the other letters under the certified mailing number XXXX, seeking to address the alleged fraudulent activity, and no rebuttal was ever sent back. Capital One Auto Finance has failed to provide a rebuttal, effectively allowing the unrebutted Affidavit to stand as truth in commerce. Their failure to rebut the Affidavit indicates guilt by estoppel under XXXX XXXX ( XXXX ) ( a ). 

Attached, please find copies of all relevant correspondence and documentation, including proof of delivery and signatures of the letters I sent and supporting evidence concerning the alleged fraudulent activity violating Truth in Lending Act ( TILA ) specifically but not limited to 15 U.S. Code 1635, 15 U.S. Code 1605, 16 CFR 433.1, and 12 CFR 1026.4. These violations encompass a range of critical issues, including mixing cash in a consumer credit transaction, failure to provide clear and conspicuous right-to-rescind paperwork, mishandling of the rescission process, and contractual discrepancies, these violations not only contradicts laws and regulation but raises significant concerns about the legality and transparency of the transaction and contract. 

I firmly believe that Capital One Auto Finance 's & its Registered Agent actions, or lack thereof, not only infringe upon the FDCPA, FCRA, and multiple federal laws and regulations but also pose a grave danger to consumers ' faith in the financial system and their rights therein. I demand not only a swift and comprehensive resolution to this matter but also an unequivocal expectation that Capital One Auto Finance provides a comprehensive plan for addressing the significant impact of these violations and errors on me as a consumer. Moreover, I request a plan that empowers me to select the remedies and accommodations I believe are most suitable for rectifying the harm they've caused and upholding my rights. 

In conclusion, Capital One Auto Finance 's actions have not only breached our contract, violated numerous federal and state laws, and infringed upon my consumer rights, but they have demonstrated a consistent pattern of willful non-compliance. Despite my earnest attempts to seek resolution and clarity by sending multiple letters concerning the subject in question, Capital One Auto Finance has, regrettably, chosen to remain unresponsive. They have not only neglected their legal obligations but have also failed to provide any form of restitution or resolution, displaying a concerning lack of compliance with federal laws and regulations. 
This willful non-compliance not only deepens my concerns regarding their actions but also raises significant questions about their commitment to ethical business practices and the well-being of their customers. It is my hope that the Consumer Financial Protection Bureau will address these grave violations promptly and decisively, ensuring that justice is served and that consumers like me are protected from such misconduct in the future.

Company response to consumer: Closed with explanation