Consumer complaint received 2022-08-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: AZ
Product: Credit card or prepaid card
Sub-product: Store credit card
Issue: Closing your account
Sub-issue: Company closed your account

Complaint:
I am Federally Protected Consumer and I have strong reason to believe I have been discriminated against by KOHLS/CAPITALONE. KOHLS/CAPITALONE Acct # XXXX closed my account in XX/XX/2022 they NEVER SENT ME a Pre Adverse Notice, or NEVER SENT ME a Adverse Action Notice. I have strong reason to believe they have discriminated against me under the Equal Credit Opportunity Act ( ECOA ). KOHLS/CAPTALONE never informed me of my rights. KOHLS/CAPITALONE has the obligation to correct action. On XX/XX/XXXX, the CFPB released Circular XXXX  to reiterate creditors adverse action notice requirements under ECOA. I have made multiple attempts in writing including certified mail starting in XXXX to let KOHLS/CAPITALONE know about the many issues under TILA & BILLING ERRORS 15 USC 1666 with this account. I have tried to explain multiple times to KOHLS/CAPITALONE what 15 USC the term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. And ALL credit transactions originate FROM ME THE CONSUMER my signature, my social security number " I EXTEND CREDIT '' SIGNED CONTRACT IS THE INSTRUMENT and it is my right to operate in commerce. Does KOHLS/CAPITALONE know or care about what the penalties for not complying with the ECOA are ? Well it states Lenders that violate the provisions of the ECOA face civil liability for actual and punitive damages, the latter of which is limited to non-governmental entities and can amount to up to {$10000.00} for an individual claim or the lesser of {$500000.00} or 1 % of the lender 's net worth in a class action. Not only is KOHLS/CAPITALONE appear to be discriminating against me by not letting me extend credit, they are also using defamation there ruining my credit worthiness, tarnishing my name by furnishing negative information " late payments & charge off '' on my consumer reports which is " false misleading representation 15 USC 1692E A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation. Under 15 USC 1666B Grace period- If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. Which KOHLS/CAPITALONE NEVER PERFORMED this 21 days in advance so why are they furnishing negative damaging information " late payments & charge off '' defamation on my consumer report? I don't know maybe coercion, extortion, wanting me to be quiet while I'm being discriminated against by them? So how can KOHLS/CAPITALONE say '' I owe '' this alleged debt and think KOHLS/CAPITALONE has the Power & Authority to close this account when FEDERAL LAW states 18 USC 8 The term obligation '' or other security of the United States includes all bonds , certificates of indebtedness, national bank currency, Federal Reserve notes , Federal Reserve bank notes , coupons , United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. THE DEBT HAS ALREADY BEEN PAYED BY THE UNITED STATES that's what that Federal Law is clearly stating so KOHLS/CAPITALONE CAN NOT use the excuse " the consumers lack of timely payments '' as reasoning to close my account. And UNDER FTC AND GRAMM LEECH BLILEY ACT it states I have the right to privacy. I never gave my lawful, legal consent, authorization to KOHLS/CAPITALONE to furnish, spread for profit my NONPUBLIC PERSONAL INFORMATION to unauthorized 3rd parties. I'm just trying to make it clear that I have strong reason to believe that under ECOA there is some discrimination occurring. And there is no Law that states a " a drop in consumer credit score '' is valid reason to deny or cancel a consumers credit. So they legally, or lawfully can not state that either. FEDERAL LAW supersedes there " company policy '' I'm asking the CFPB to step in, and enforce, my Consumer Rights. And stop the DISCRMINATION AND DEFAMATION going on by KOHLS/CAPITALONE against me and my of Consumer Rights.

Company response to consumer: Closed with explanation