Consumer complaint received 2023-06-12
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NJ
Product: Checking or savings account
Sub-product: Checking account
Issue: Closing an account
Sub-issue: Funds not received from closed account

Complaint:
Capital One Retaliated against me for filing valid disputes for Identity Theft, an Account Breech, Fraudulent activity and being a victim of a scam that potentially exposed my info, and took no steps to secure my account. They closed my checking and savings account stating that it was due to filing Bad Claims when my claims ARE VALID. They also lied to me several times providing false information in terms of their investigation as well as stating that they are not responsible for XXXX  transactions if goods or services aren't received or if money is lost via theft or scam ; XXXX transactions are a type of Electronic Fund Transfer and are covered under Regulation E. 

I filed an initial regulation E dispute on XX/XX/XXXX of this year, giving oral notice to Capital One in regards to the error/ fraudulent activity. I informed them that I was a victim of fraud and may have been scammed. The proper language under regulation E is Error ; Unauthorized ; Fraudulent TransactioXXXX. My initial claim was denied and a decision was made stating : We looked into this, and our research shows that the payment was processed according to my instructions. When this could not possibly be the case, and is the furthest thing from the truth because I did not authorize any such transaction, nor is there a history of me making such transactions. There is no history of transactions indicative that I would or have made such transactions in such an excess amount through XXXX, as I am aware that the platform is completely UNSAFE, and all transactions, although completed through debit and credit transactions are to be considered Cash transactions Per XXXX Website. 
I filed a complaint against the representative who improperly notated my claim resulting in its initial denial and resubmitted a new dispute, requesting that notation be made using exact verbiage for clarity. On the 10th Day* During the investigation period I received a notice that my claim had been denied, without the issue of any provisional credit. The denial email states : We have finished researching your dispute ( s ). Based on the information we have, your claim has been denied because : We finished looking into your claim and didnt find an error. Well this is preposterous! It is not possible to have completed a REASONABLE investigation in such a short period of time, after I indicated a SECOND time that the transaction in question is in fact an error and requires a thorough and reasonable investigation and due process. BEcause of this, I requested copies of the documentation used to make this decision. I also requested documentation that proves the validity of the transaction, because I know that I did not authorize any such XXXX transaction and I vehemently oppose any such information that states otherwise. 
It was also stated to me that I would have to PROVE '' that this transaction was unauthorized, when such language is a gross violation of my rights as a consumer under regulation XXXX, refer to Consumer Federal Protection Bureaus Interactive Bureau Regulations manual : 12 CFS Part 1005 ( Regulation E ). Burden of proof is on the financial institutions behalf. 
There are several violations of my rights as a consumer carved out by the Electronic Fund Transfer Act ( EFTA ) and the NJ Consumer Fraud Act. Capital One failed to inform me that XXXX is a third party entity and not subject to protections that are extended by Capital One via its own debit and credit transactional protections. Instead, XXXX is marketed as a Fast, Safe, and Secure method of sending money via Banking institution Networks. Capital One also failed to inform me that in the event of any Fraudulent/unauthorized or scam transactions that occur through XXXX that my protections are limited and will most likely result in a denial of any claims made in reference to transactions through the XXXX service. Negligence. Please refer to Mensah v. Capital One, N.AXXXX, A class action alleging that Capital One misrepresented the security of the XXXX money transfer service by failing to disclose that fraud victims have no recourse.Huge, Unreimbursed Losses : Capital One Failed to Disclose Risks of Using XXXX. There are also several Class Action Lawsuits against XXXX for the enabling of cybercrime, specifically fraud, scams, and unauthorized transactions and failing to reimburse those who use their service. 
With all of this information stated, it could not possibly be concluded with certainty that a reasonable investigation was done. It also is evident that no such investigation was done based on the nature of their responses included in the denial decisions. 
Also, It must be noted that upon my research, there were several changes and rearrangements of my XXXX and Capital One online banking information including contacts and phone numbers over the last 90 days, clearly indicative of potential exposure to identity theft and a blatant risk of fraudulent activity. Not to mention, no provisional credit was issued in either instance of my disputes, when I have the right to any provisional credits even if it is concluded that no error was found. Not to mention, I was incorrectly informed or otherwise misinformed that XXXX transactions are not covered under the EFTA or Regulation E, and that these transactions are not typical Debit or Credit transactions, when this is FALSE. ALL forms of electronic payments, including but not limited to third party entities such as XXXX, are included under the EFTA and REGULATION E. Another violation of my rights as a consumer. This entire circumstance is a direct indicator of the MASSIVE FRAUD and gross negligence of financial institutions to properly protect consumers against Fraud and Third Parties like XXXX that enable fraud. 
Let me reiterate : My rights as a consumer have been disgustingly violated. I have been misinformed and misrepresented by Capital One and its employees, I Am requesting clarifying documentation for the Error that occurred on XX/XX/XXXX, an unauthorized XXXX transaction in the amount of {$2500.00}, I did not authorize this transaction nor do I know the person to which the Electronic funds were disbursed to and I am requesting that another dispute be filed and an appeal of my previous dispute be properly filed and a claim number generated. Because I have requested documentation clarifying the error, I am still owed a provisional credit as well as any interest and I am not subject to the investigation deadlines and Capital One is OBLIGATED to reimburse me or provide me with the provisional credit until this investigation is completed fully. 
This is more than enough information and supporting documentation to reopen my claim and resubmit my dispute. There were also several escalations/complaints filed against representatives of Capital One who, due to their negligence, violated my rights as a consumer. 

I also Filed a CFPB complaint : XXXX in regards to this issue, the case was closed because Capital One Responded, however in their response they provided FALSE INFORMATION, they stated that a provisional credit was provided for {$2500.00} while the dispute is being investigated, but no such credit was issued because my account was closed as a form of retaliation. 

Do give this letter the necessary attention it deserves, Respectfully, XXXX XXXX XXXX. 
Also, Refer to : U.S. Code> Title 15> Chapter 41> Subchapter VI> Section 1693f : Error Resolution.

U.S. Code> Title 15> Chapter 41> Subchapter VI> Section 1693g : Consumer Liability U.S. Code> Title 15> Chapter 41> Subchapter VI> Section 1693m : Civil Liability 15 USC Section 1693n : Civil Liability for Willful Non-Compliance 18 U.S. Code Section 1028 : Fraud and related activity in connection with identification documents, authentication features, and information

Company response to consumer: Closed with explanation