Consumer complaint received 2019-05-14
Product: Checking or savings account — Checking account
Issue: Managing an account — Deposits and withdrawals
Company: CAPITAL ONE FINANCIAL CORPORATION (CA)

I made my first call to XXXX on XX/XX/XXXX after I discovered the following unauthorized charges on my account XX/XX/XXXX for {$5.00} XX/XX/XXXX for {$14.00} and {$.00}. 
XXXX reversed these charges on XX/XX/XXXX, as can be reference with XXXX Confirmation # XXXX & XXXX. XXXX determined that the unauthorized charges originated from the email address XXXX. 

I made my second call to XXXX after a new unauthorized charge was made against my account for {$9.00} on XX/XX/XXXX. XXXX again reversed the charge on XX/XX/XXXX and suggested calling Capital One to freeze all future charges from XXXX. This can be referenced with XXXX Confirmation # XXXX. The entirety of the phone call was transcribed and emailed to me by XXXX. 

The same day ( XX/XX/XXXX ) I called Capital One at which time the representative with whom I spoke confirmed that additional XXXX charges were being allowed. I spoke to XXXX and given a fax number XXXX to send any/all fraud info for my case. Upon my request for documentation for the fraud, Capital One redirected me back to XXXX and stated this wasnt their issue to resolve. At this time there was no additional action by Capital One. 


Due to an unfortunate string of events and a severe misunderstanding on XX/XX/XXXX, I was taken into custody by the XXXX/XXXX  PD. I was later released from their custody on XX/XX/XXXX at approximately XXXXXXXX XXXXXXXX  PST. Upon turning on my phone I received roughly several Fraud Alert texts. I immediately responded YES to the texts when prompted to halt any additional purchases at the time, and I have screen shots of those text messages. Without delay, at approximately XXXX XXXXXXXX PST I called Capital One. I froze my debit card but opted not to order a new one since I was in the middle of moving residences. For the record all arrest charges were dropped upon my release. During my time under XXXX/XXXX PD custody, all personal property with the exception of my phone and the clothing I had on were left at my place of residence. 


Later that evening ( XX/XX/XXXX ), upon logging in to my Capital One online portal, I discovered the following unauthorized charges totaling {$2400.00}. These charges were during the time I was temporarily incarcerated from XX/XX/XXXX at approximately XXXX XXXX PST to XX/XX/XXXX at approximately XXXX XXXX PST. : XX/XX/XXXX - {$8.00}  XXXX XXXX, transaction ID XXXX XX/XX/XXXX - {$53.00} XXXX XXXX, transaction ID XXXX XX/XX/XXXX - {$75.00}  XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX CA XXXX XX/XX/XXXX - {$300.00} XXXX XXXX ATM - XXXX XXXX XXXX XXXX ( ATM ) - {$3.00} transaction fee for non-company ATM XX/XX/XXXX - {$600.00} XXXX XXXX ATM - XXXX XXXX XXXX XXXX ( ATM ) - {$3.00} transaction fee for non-company ATM XX/XX/XXXX - {$1000.00} XXXX XXXX XXXX XXXXXXXX. Note : I have since spoken with the store manager to which they confirmed the unauthorized purchase was for prepaid VISA cards in {$200.00} increments. The store manager also confirmed that the store has video cameras and the footage is available for review. 
XX/XX/XXXX two additional unauthorized charges from XXXX XXXX XXXX, both for {$9.00} resulting from calls I personal made while incarcerated. The calls are recorded calls which will verify that I was not present at the time when all unauthorized charges were made. 
XX/XX/XXXX - {$400.00} XXXX XXXX XXXX XXXX, XXXX XXXX - {$4.00} transaction fee for non-company ATM. After researching this withdrawal I discovered it was made at XXXX XXXX. I spoke to XXXX, the head of security, on XX/XX/XXXX at XXXX. He explained there are approximately 14-18 ATMs and that they have full access to cameras where footage can be extracted and reviewed to determine who made the unauthorized ATM transactions. XXXX requested additional transaction details so that an effort can be made to narrow down the exact ATM from which the funds were withdrawn. 

On XX/XX/XXXX, upon following up on next steps for resolving the fraudulent charges on my account, I was told by a Capital One customer service supervisor that the Fraud Alert Notifications are ONLY a notice of precaution, they do not actually confirm that fraud has been committed regardless of the fact that I responded to the fraud alert text which clearly recognized that the purchases were out of the ordinary for my account. 

In an effort to seek resolution for the fraud on my account, and in response for Capital One refusing to resolve this matter, I filed a claim with CFPB on XX/XX/XXXX.Capital One denied my claim again despite the information I provided including a police report number I filed which shows my intent to press charges against the individual ( s ) responsible for illegally obtaining my ATM card and making unauthorized purchases. I requested to speak to a supervisor but my request was denied. I was told they are busy but relayed info to me through the customer service rep that they were escalating to the BEST team which handles these cases. 

I have called XXXX with Capital One ( XXXX ext XXXX ) who denied by claim again via written correspondence to the CFPB claim on the following days : XX/XX/XXXX at XXXX XXXX PST XX/XX/XXXX at XXXX XXXX PST XX/XX/XXXX at XXXX XXXX PST XX/XX/XXXX at XXXX XXXX PST XX/XX/XXXX at XXXX PST XX/XX/XXXX at XXXX PST These denials contain no specific details as to why my claim is being denied. I have proof that I could not have been in possession of my debit card to make the purchases listed above. I have left several extremely detailed messages in regards to both her CFPB response and my original claim. 
At this time I feel I have no other option but to file an appeal with the CFPB, and file secondary claims with the FTC, OCC, and the XXXX. I wish to resolve this matter amicably and without further legal assistance. However, I am left with little to no option.