Consumer complaint received 2024-12-18 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Application denied
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
Purpose of Follow-Up Complaint : This is a follow-up to my initial complaint ( ID XXXX ) filed on XX/XX/XXXX, regarding Capital Ones denial of my credit application based on alleged activity on a prior account. At that time, I provided only the denial letter as evidence. 

Key Update : In this follow-up complaint, I am submitting additional evidence, including my XXXX, XXXX, and XXXX credit XXXX, which confirm that I have no prior account with Capital One. 

Summary of the Original Complaint : XXXX. Denial of Credit Application ( Request ID : XXXX ) : Capital Ones Reason for Denial : Activity on a prior Capital One account that is not consistent with their expectations. 
My Position : I have never held a Capital One account, and no such activity exists in my credit history. 
This claim appears to be based on inaccurate or nonexistent information.

2. Key Legal Violations Identified in Original Complaint : Failure to Provide Specific and Accurate Adverse Action Notice ( 15 U.S.C. 1691 ( d ) ( 2 ) ).

Failure to Investigate and Correct Errors When Informed ( 15 U.S.C. 1681s-2, FCRA ).

3. Request for Resolution in Original Complaint : Provide specific evidence supporting the adverse action, or Correct their records if no such account exists.

New Supporting Evidence Submitted : This follow-up includes my full credit reports from XXXX, XXXX, and XXXX ( XXXX XX/XX/XXXX ), which show : No record of a Capital One account under my name. 
No prior adverse activity attributed to Capital One or any related creditor. 

By submitting these reports, I aim to give Capital One the opportunity to complete their investigation properly and provide a lawful resolution. 

Capital Ones Continued Non-Compliance with Federal Law : 1. Violation of ECOAs Adverse Action Notice Requirements ( 15 U.S.C. 1691 ( d ) ( 2 ) ) : Statutory Requirement : Creditors must provide a specific and clear reason for adverse action within 30 days of a completed application.

Violation : Capital Ones vague explanationactivity on a prior accountfails to meet the legal standard of specificity.

Their inability to substantiate this claim constitutes a breach of ECOA.

Penalty for Violation ( 15 U.S.C. 1691e ) : Actual damages, Punitive damages up to {$10000.00} per violation, and Injunctive relief to prevent further violations.

2. Failure to Investigate and Correct Errors ( FCRA, 15 U.S.C. 1681s-2 ) : Statutory Requirement : Upon notification of disputed information, creditors must conduct a reasonable investigation and correct errors in their records.

Violation : Despite being informed of this error, Capital One has failed to investigate or provide evidence to support their claim.

This negligence violates the FCRAs requirements for prompt and accurate resolution of disputes.

Penalty for Violation : Statutory damages up to {$1000.00} per violation, Actual damages caused by reliance on false information, and Attorney fees and costs under 15 U.S.C. 1681n and 1681o.

3. Breach of Timely Communication Obligations : Despite Capital One stating on XX/XX/XXXX, that their investigation required additional time, there has been no further update or resolution. 
This delay impedes my ability to seek fair treatment and violates CFPB standards for timely responses. 

Relevant Case Law : 1. Treadway v. Gateway Chevrolet Oldsmobile , Inc., 362 F.3d 971 ( 7th Cir. 2004 ) : Held that creditors must provide clear and specific reasons for adverse actions under ECOA. Generic explanations are insufficient.

2. Anderson v. Capital One Bank, 224 F.R.D. 444 ( W.D. Wis. 2004 ) : Reinforced creditors duty to substantiate adverse action claims when challenged.

3. Cortez v. Trans Union , LLC, 617 F.3d 688 ( 3rd Cir. 2010 ) : Affirmed the duty to correct inaccuracies promptly under the FCRA.

Company response to consumer: Closed with explanation