Consumer complaint received 2019-12-01
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN
Product: Credit card or prepaid card
Sub-product: General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement
Sub-issue: Credit card company isn't resolving a dispute about a purchase on your statement

Complaint:
On XX/XX/XXXX at XXXX CST Capital One text alerted me about a charge being made for {$410.00} at a XXXX XXXX XXXX XXXX in XXXX XXXX MN, asking if I was making that purchase, at that moment. I replied no and within minutes was on the phone with a Capital One Customer Service agent. That call revealed another XXXX XXXX XXXX XXXX purchase for {$100.00} at a store location in XXXX MN on XX/XX/2019, 2 days prior. I reported both as Fraudulent and my acct was closed and a new card issued. 

On XX/XX/2019 I received a letter from Capital One, date XX/XX/XXXX, informing me of their Data Security Incident on XX/XX/2019. The letter states that I was receiving this letter because my personal information was obtained by an unauthorized person outside of the company. The information obtained includes in store application, social security numbers and possible linked bank account numbers for applications and existing card members. 

On XX/XX/2019, I received a letter from Capital One stating that they found no evidence of Fraud and that the charges were being added back to my account. I called to find out why and they said it was because a chip card was used in store and therefore no fraud could occur. Capital One refused to help me further. 

On XX/XX/2019 I contacted the XXXX XXXX Police Department and also the XXXX Police to report the fraudulent purchases at each store respectively. Both police departments have completed their investigations. They were able to view in store surveilance footage of the person who made the purchases and posted a photo to other local police departments. 

On XX/XX/2019 I received an email copy of the XXXX XXXX investigation report and I am currently still waiting for the XXXX report. With this information I contacted Capital One again to resubmit my claim the the purchases were fraud. Despite the local police department investigations, Capital One is refusing my claim because the purchases were made in store using a chip card. A Fraud Account Manager named XXXX said he would reach out to each police department and make a final decision afterwards. 
I waited until Monday XX/XX/2019 and contacted both police investigators to inquire if Capital One had reached out to them, they had not heard from Capital One. I then called Capital One and was told that no one in their fraud department would contact any local law enforcement agency, that they had their own internal law enforcement department that would investigate and would possibly reach out to local agencies. This person also said that Capital One 's stance would not change, that the charges are legit and I would be responsible for paying them. 

During my own personal investigation and interaction with these police departments, the equipment and technology is out there for criminals to take personal and account information to create chips for use. I believe that the persons responsible for these fraudulent purchases were able to create a duplicate chip card based on information from the Capital One Security Incident. Capital One of course denies any personal information was actually obtained, however, their letter to me contradicts that claim. Every call I have made to Capital One has resulted in a minimum of 5 transfers and long hold times, some for longer than a half hour. I did not make either purchase, my physical card was never used for either purchase and I did not loan my card out or authorize anyone to make either purchase. That by definition, makes the charges fraudulent. I had been a card member with Capital One for about 15 years, The account in question was a new account opened at a Cabela 's store in XX/XX/2019. Both card accounts have been permanently closed.

Company response to consumer: Closed with monetary relief