Consumer complaint received 2025-01-28 00:00:00
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
State: NY

Complaint narrative:
I was charged 9 times by a merchant, which were all fraudulent. I reported these unauthorized charges to the merchant and Capital One immediately. I opened disputes on XX/XX/XXXX and XX/XX/XXXX. It has been over 45 days since oral notice to Capital One. I was not asked to provide written notice. They explain to me that they have up to 90 days to complete their internal investigation. On XX/XX/XXXX I recieved and email from Capital One that they were closing my account. They will not disclose why. The merchant refunded me for XXXX of the charges on XX/XX/XXXX and XX/XX/XXXX. I emailed them, asking for the reason that they didn't refund the other XXXX. They stated that the XXXX refunded to me ( XXXX {$99.00} charges- the 2 least amounts ) met their refund criteria. I asked what that criteria was and why the other XXXX did not meet that criteria, and they said that they could not disclose that information to me and that the other 7 charges were exclated to their concern team. They have since ceased to respond to my inquiries. I immediately called Capital One to inform them of the refunds. Many times upon my calling Capital One, several reps failed to note the immediate refunds. As of 47 days after oral notice to Capital One, Capitol One informed me that the merchant has not yet responded to them regarding my claims. I am not longer concerned with the account closure, as after this experience with them I would have closed the account myself. Some reps have attempted to have the claims investigations expedited due to its clear tediousness since I recieved 2 refunds immediately and thr merchant 's non response to Capital One. My biggest confusion is as to why I am being excluded from regulation E? On XX/XX/XXXX. I had to fight with capital one for several hours to come pick up my paycheck at a local branch. I had already opened a new checking account with another financial institution, but it takes XXXX pay periods to reroute to the new account. I explained that my paycheck had nothing to do with my fraud investigation. The teller was on the phone with CO for XXXX minutes. At first, CO tried to give me {$500.00}. I explained to them that I had confirmed with CO days earlier over the phone that that {$500.00} was a check being mailed to my home that they had initiated, because I called when I noticed the transaction in the mobile app that just stated " withdrawal/transfer. '' I told them that was not what was confirmed to me earlier over the phone and explained tear conversation about the {$500.00}. I finally received my paycheck in cash of around {$2200.00} and change. When I returned home that same evening, that check for for {$500.00} was sitting in my mailbox. This type of incompetence is completely unacceptable. A few days ago ( XX/XX/XXXX ), I recieved a refund from a merchant for an item that was delivered to an address in XXXX, XXXX, nowhere near my home. I resolved that issue independently with the merchant. I called Capital One yesterday on the XXXX and asked for the refund of {$29.00} to be transferred to my external account as it also has nothing to do with the dispute. They explained to me that me picking up my paycheck was a XXXX time courtesy. This was the first of me hearing this, that getting the funds from my job where I worked to receive a paycheck was a gracious favor. No, it is not. While my complaint has changed in nature from my 1st complaint due to me learning about regulation E, I am surprised that the CFPB did not note this and investigate their own words on the federal website. According to regulation E. At this point, I am not concerned with the account closure, as I have not been made aware of the reasons why. These 9 transactions are EFT transactions, my account is well over 30 days old ( several years old ), and these unauthorized charges were not foreign. Capital one confirmed this with me. Regulation E states that for transactions that meet these criteria must be resolved within 45 calender days and the customer must be granted full acess to the provisional credits. Regulation E also states that regardless of the account status, the customer must have access to the funds, and that any agreement between a financial institutio and consumer is overridden by regulationE, specifically put in place by the federal government to protect consumer rights. I am highly disappointed that the whole of my complaint was not investigated by thr CFPB, and will be submitting a second complaint. Capital one has not asked me for ANY documentation concerning my dispute claims for these XXXX graudulent charges even though I have several correspondences between me and thr merchant.

Company response to consumer: Closed with non-monetary relief