Consumer complaint received 2026-05-15 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NC

Complaint narrative:
I submit this complaint as a victim of identity theft and unauthorized electronic fund transfers and as a final effort to resolve this matter before filing suit against Capital One Bank for violations of the Electronic Fund Transfer Act ( EFTA ) and Regulation E. Approximately two years ago, my XXXX XXXXXXXX XXXX came out of remission and I was diagnosed with a XXXX XXXX XXXX. I underwent XXXX XXXX XXXX XXXX and periods of medical incapacity while being evaluated for tXXXX XXXX During this time, my cellular telephones, financial accounts, computers, and personal identifying information were compromised and taken over without authorization. An individual identified as XXXX XXXX gained unauthorized access to my devices, financial information, and accounts and initiated unauthorized XXXX debits and electronic transfers involving Capital One accounts ending in XXXX, XXXX, and XXXX. Bank statements and correspondence were redirected away from my residence through unauthorized change-of-address activity, preventing discovery of the fraud while I remained critically ill and repeatedly hospitalized. I never authorized XXXX XXXX, XXXX XXXX, or any other person to debit, transfer, withdraw, or otherwise access funds from my accounts from 2022 through the present date. XXXX XXXX likewise never authorized the disputed ACH debits or payment activity and never provided verbal, written, electronic, or any other authorization permitting my accounts to be debited. She is herself a victim of the same identity theft activity. Despite sworn affidavits, police reports, FTC Identity Theft Reports, medical documentation, and corroborating evidence establishing identity theft and lack of authorization, Capital One continues denying reimbursement and relies upon assumptions and speculation rather than competent evidence of authorization. Capital One does not possess and has never produced : Any signed ACH authorization ; Any authenticated electronic authorization ; Any recorded authorization ; Any authenticated device verification ; or Any competent evidence establishing knowing authorization for the disputed transactions. Under 15 U.S.C. 1693g, the burden rests entirely upon the financial institution to prove authorization for disputed electronic fund transfers. Regulation E further requires a reasonable, good-faith investigation once unauthorized transfers are reported. Other financial institutions, including XXXX and XXXX XXXX, investigated substantially similar fraudulent activity arising from the same identity theft events and reimbursed unauthorized transactions after determining the activity was fraudulent and unauthorized. Capital One instead continues victim blaming despite overwhelming evidence that I was critically ill, medically incapacitated, and the victim of widespread identity theft during the relevant periods. My circumstances fit squarely within the protections and extended look-back provisions applicable to victims of unauthorized electronic fund transfers and identity theft under federal law. The unauthorized activity was not reasonably discoverable while my accounts, devices, and communications remained compromised during prolonged medical incapacity. I request that the CFPB require Capital One to : 1. Reimburse all unauthorized ACH debits and electronic transfers ; 2. Cooperate in returning the unauthorized funds to my bank accounts ; 3. Refund all associated fees and charges ; 4. Correct any adverse credit reporting connected to the fraudulent activity ; 5. Provide all records relied upon in denying my disputes, including device logs, IP logs, authentication records, ACH authorizations, change-of-address records, and internal fraud investigation notes ; and 6. Comply fully with the Electronic Fund Transfer Act and Regulation E. I attach sworn affidavits, police reports, FTC Identity Theft Reports, medical documentation, and supporting records establishing that the disputed transactions were unauthorized.

Company response to consumer: Closed with explanation