Consumer complaint received 2023-12-27
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Card was charged for something you did not purchase with the card
Company: CAPITAL ONE FINANCIAL CORPORATION (CO)

I am writing to file a complaint against Capital One for unauthorized charges and potential identity theft on my credit card account. This complaint is in regard to the mishandling of the reported unauthorized transactions and the subsequent responses received from Capital One. 

**Background** : - **Last Authorized Use & Account Closure** : My capital one credit card account was closed in XXXX  XXXX 2023 due to returned payments, despite my immediate efforts to resolve the issue I was informed by capital one that my account would not be reopened. 
My credit card account was closed XXXX XXXX XXXXXXXX by capital one, I was unable to use the card, capital one closed he account. I never received notice from capital one that I was approved to open a new account, or any correspondence that my previous account had been reopened. The account representative with capital one told me my account was closed. If capital one reopened the account that they closed for returned payments they never notified me of this. My understanding was that my account was closed and my credit card was unusable. 

- **Unauthorized Charges During Hospitalization** : During my hospitalization, my personal belongings were stolen, including my Identification Card, my social security card, my cell phone which I use to access my capital one account and my banking app, as we all as all of my contacts. This was the only way I used to access my account.Unbeknownst to me, over {$8000.00} in charges were made on this closed account, which I discovered after my discharge from the hospital. A police report was filed regarding this theft XXXX XXXX XXXXXXXX. XXXX ). 

**Capital Ones Response** : - **Initial Communication** : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Capital One acknowledged these unauthorized transactions, assuring me that I would not be held liable. 
- **Subsequent Contradictory Letter** : However, a subsequent letter XXXX XXXXXX/XX/202XXXX XXXX XXXX XXXX : XXXX ), contradicted this assurance, stating there was insufficient evidence of fraud and holding me responsible for the charges. 

**Legal Position** : - Under 15 U.S. Code 1643, my liability for unauthorized use of a credit card is capped at {$50.00}, provided I report the unauthorized transactions in the timeframe required which I reported the unauthorized use immediately upon discovering it. 
- I followed all required procedures for reporting the unauthorized use promptly and believe I have been unjustly held liable for charges beyond the statutory limit. 

**Request** : - I urge the CFPB to investigate this matter thoroughly. 
- I seek immediate rectification, including the removal of all fraudulent charges above the {$50.00} liability cap. 
- I also request a detailed explanation of the inconsistent responses and decisions made by Capital One in this case. 

I trust that the CFPB will address this matter with the urgency and seriousness it warrants. Thank you for your attention to this issue.