Consumer complaint received 2021-05-12
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: CAPITAL ONE FINANCIAL CORPORATION (NY)

Hello, On XX/XX/2021 I realized that my personal and business checking account had been hit with numerous unauthorized and fraudulent transactions via my debit card. The account showed charges from various companies in XXXX but not much else could be ascertained from the information posted to the account. 

On XX/XX/2021 I submitted claim ending in XXXX on the personal account ending in XXXX in the amount of {$33000.00}. 

Having to wait for more transaction to post I submitted the following claims. 

On XX/XX/2021 I submitted claim ending in XXXX on the personal account ending in XXXX in the amount of {$4700.00}. 

On XX/XX/2021 I submitted claim ending in XXXX on my business account ending in XXXX in the amount of {$4900.00}. 

On XX/XX/2021 I submitted claim ending in XXXX on the personal account ending in XXXX in the amount of {$6900.00}. 

All the claims above had fraudulent and unauthorized debit card transactions from XXXX. 

On Wednesday, XX/XX/2021 I reached out to Capital One by phone to inquire on the status of the disputes and I was told they're pending. I advised the customer service rep that due to the fact that these claims are so large and the amount of money that was taken out of my account I can no longer keep up with my monthly financial obligations. Credit card bills, rent, loan payments and car payments are starting to bounce and I would appreciate an expeditious review and application of provisional credit. The rep stated that they would put in the request and I should keep checking the account for the credit. 

On Friday XX/XX/2021 after seeing no provisional credit on the account I reached out to Capital One for an update. After about 30 minutes on the phone the rep was able to read me some notes on the account vaguely stating that the claims had been denied, to my total shock and dismay I asked for a reason. The rep could not provide me with a specific reason besides that the transactions do not follow a normal fraud pattern. At this time I asked to speak to a supervisor repeatedly and was told a supervisor was not available and that there was nothing more they could do for me on the phone. I was given an email to reach out to, XXXX. 

Later that afternoon I emailed this mailbox and asking for a full explanation as to why the claims were denied as per my right under Reg E.

REG E 1005.11 Procedures for resolving errors. ( c ) Time limits and extent of investigation 7. Extent of required investigation. A financial institution complies with its duty to investigate, correct, and report its determination regarding an error described in 1005.11 ( a ) ( 1 ) ( vii ) by transmitting the requested information, clarification, or documentation within the time limits set forth in 1005.11 ( c ). If the institution has provisionally credited the consumer 's account in accordance with 1005.11 ( c ) ( 2 ), it may debit the
amount upon transmitting the requested information, clarification, or documentation. 

OFFICIALLY CAPITAL ONE NOTIFIED ME OF THE CLAIM DENIAL ON XX/XX/2021 PER THE CUSTOMER SERVICE REPRESENTATIVE THE NOTES SHOWED THE DECISION WAS MADE ON XX/XX/2021. 

( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred. 

AS PER REG E CAPITAL ONE IS TO REPORT THE RESULTS TO THE CONSUMER IN 3 BUSINESS DAYS. 

Today, XX/XX/2021 @ XXXX EST after close of business I have not received any written or verbal communication from Capital One explaining the decision or providing documents and evidence for their decision to deny the claims. I've reputedly asked for further documentation and explanation of finding via phone and email with no reply. 

As I took on this matter into my own hands it became even more clear that capital one had violated Reg E by not complying with it's duty to properly investigate the claims. 

A large number of charges came from a company called " XXXX XXXX XXXX XXXX XXXX '' I was able to do a XXXX search and locate this companies information in XXXX. After tirelessly working to reach someone I was able to speak to a representative on the phone and explained the charges on my account. The representative was able to look into it with a manager and agree that the charges were fraudulent. 

On Sunday, XX/XX/2021 the credits from this company posted to my checking account resolving 10 disputed transaction across various claims. 

If I was able to do this on my own, why was capital one not able to uphold their duty to properly investigate my claims and come to the same resolution? 

I continued to do further research and was able to resolve two more claims that were posted under " XXXX XXXXXXXX XXXX XXXX '' also from XXXX. They also agreed that there were fraudulent transactions involving my debit card number. 

On XX/XX/2021 two more credits posted to my checking account resolving two more transactions on the claims. 

Once again, if I'm able to resolve this what is capital one doing? By the information I've provided and their hastiness to deny the claims in 5 business days it's safe to assume capital one has failed to meet even the lowest standard required under Reg E and their agreement with MasterCard.

I'm hoping that CFPB will shed some light into their practices and the real life consequences that their actions have on their customers. While someone looks at numbers on a screen and fails to properly do their job, consumers like myself suffer the consequences.