Consumer complaint received 2025-11-28 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem when making payments — Problem during payment process
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MD

Complaint narrative:
XXXX XX/XX/year> XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX, MD XXXX Phone : XXXX Email : XXXX SSN ( last 4 ) : XXXX Capital One, N.A. 
Fraud Investigations / Legal Records / Consumer Reporting Dept. 
XXXX Capital One XXXX XXXX, VA XXXX Capital One Legal / Subpoena / Service of Process XXXX Capital One XXXX XXXXXXXX, VA XXXX Email : XXXX Capital One Consumer Services ( dispute mail ) Capital One XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX Also submit via secure message through your online Capital One account and contact Cardmember Services at XXXX. 
Re : Preservation demand, spoliation notice, request for production, and XXXX accommodation re : Account ending XXXX ( credit ) ; Capital One 360 checking ending XXXX ( ACH/internal transfer ) payment approx. {$290.00} ( confirmation code XXXX ) on or about XX/XX/year> To whom it may concern : This letter provides formal notice that I intend to litigate claims against Capital One for ( a ) removal/erasure of confirmed payment records, ( b ) inaccurate reporting of an alleged balance, ( c ) harassment and repeated account freezes, and ( d ) disabilityrelated mistreatment and failure to provide reasonable accommodations under the Americans with Disabilities Act ( Title III ). Accordingly, Capital One must preserve all evidence and implement an immediate litigation hold. 

I suffer from XXXX XXXX and XXXX and informed Capital One of my XXXXrelated needs during prior interactions. Capital Ones conduct including prolonged verification calls, demanding identity checks while I was exposed to the public/outdoors, humiliating treatment, and failure to provide reasonable alternative verification methods was undertaken with knowledge of my XXXX and constitutes discrimination and a failure to provide reasonable accommodations under 42 U.S.C. 12181 et seq. ( Title III ) and implementing regulations ( 28 C.F.R. Pt. 36 ).

Preserve and produce, without alteration or deletion, all records and materials in Capital Ones possession, custody, or control relating to me, my accounts, the XX/XX/year> payment, and subsequent actions, including but not limited to : 1. All account records and complete transaction audit trails for accounts ending XXXX and XXXX, including any revisions or deletions of transaction history. 
2. All ACH trace records, payment confirmation records, settlement files, timestamps, confirmation codes ( including XXXX ), and any internal transaction logs showing the transfer from account XXXX to XXXX on or about XX/XX/year>. 
3. All communications ( incoming and outgoing ) involving my accounts, including emails, securemessage transcripts, chat logs, SMS, automated notifications, and push notifications. 
4. All call records, call recordings, call transcripts, XXXX logs, and XXXX for all calls and recorded conversations with me ( XXXX XXXX XXXX, last four SSN : XXXX ) and with anyone discussing accounts XXXX or XXXX from XX/XX/year> through the present. Produce recordings in native audio format and transcripts. 
5. All internal notes, dispute/investigation files, analyst notes, quality assurance records, supervisor logs, disposition codes, and correspondence relating to the dispute, freezes, temporary credits, and any reversals.

6. All information provided to and received from any third parties or consumer reporting agencies ( XXXX XXXX XXXX  ), including the precise data furnished and dates furnished.

7. Any surveillance, video, or other recordings or logs ( if any ) associated with inbranch or pointofsale interactions tied to my cards during the relevant period.

8. All policies, procedures, scripts, training materials, and ADA accommodation protocols used by Capital One employees relevant to fraud holds, identity verification, ACH posting, dispute handling, and XXXX accommodations during the relevant period. 
9. All logs or records showing any deletion, removal, or alteration of records pertaining to my payment history, and the identity of the person ( s ) who authorized or performed such deletion ( s ).

Preservation & spoliation notice : This letter demands preservation of all potential evidence and immediate implementation of a litigation hold. Any destruction, alteration, deletion, or failure to preserve relevant data, records, or communications ( including call recordings, audit logs, or electronic records ) will constitute spoliation and may give rise to sanctions and adverse inferences in any civil or administrative proceeding. Preserve records in native electronic format where applicable, including metadata.

ADA accommodations demanded Pursuant to the ADA ( 42 U.S.C. 12181 et seq. ) and 28 C.F.R. Pt. 36, I request immediate written confirmation that Capital One will treat my account communications as requiring reasonable accommodations due to documented XXXX. Specifically, I demand that Capital One : a. Designate a single case manager/specialist ( name and direct contact ) trained in XXXX accommodations to handle all future communications about my accounts. 
b. Provide alternative verification methods that do not require prolonged public exposure or intrusive procedures ( e.g., secure private video call, verified secure messaging, acceptance of government ID plus signed affidavit, or mailed verification forms with return receipt ). 
c. Provide transcripts and recordings of all calls and a written explanation for any incidents where agents were dismissive, abusive, or failed to provide accommodations. 
d. Cease any adverse actions ( closing accounts, reversing credits, reporting negative information ) while accommodation requests and disputes are pending. 
e. Produce Capital Ones internal ADA accommodation policy and any training records demonstrating that personnel handling my account received disabilitysensitivity/ADA training .

Demand for production and timing Within 15 calendar days of receipt of this letter, please : 1. Provide written confirmation that a litigation hold has been implemented and identify the person ( s ) responsible for preservation.

2. Produce the documents and materials requested above ( electronic preferred ).

3. Provide written confirmation of the ADA accommodations requested and the designated case manager/specialist.

Legal authorities cited - Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) duties of furnishers and procedures for reinvestigation.

- Electronic Funds Transfer Act ( 15 U.S.C. 1693 ) and Regulation E ( 12 C.F.R. Pt. 1005 ) error resolution for electronic transfers/ACH.

- Americans with Disabilities Act, Title III ( 42 U.S.C. 12181 et seq. ) and 28 C.F.R. Pt. 36 requirement to provide reasonable modifications and effective communication.

- Maryland Consumer Protection Act ( Md. Code, Com. Law 13101 et seq. ) prohibition on unfair or deceptive practices.

Preservation of thirdparty materials and notice to agents This preservation demand includes records in the possession of third parties, contractors, vendors, and agents acting on Capital Ones behalf ( including call centers, vendors providing verification services, and consumer reporting agencies ). If any third party has possession of responsive materials, identify those parties and preserve/produce their records.

If Capital One can not comply with any portion of this request, state the reason and produce any responsive materials you do possess. If you have already preserved or produced these records, identify the date ( s ) and method of preservation/production.

This letter is not a full statement of my claims or remedies, and I reserve all rights. I will rely on preserved records in any litigation and will seek all available legal remedies, including injunctive relief, statutory damages, and sanctions for spoliation and ADA violations if warranted. 

Sincerely, XXXX XXXX XXXX [ signature ] Enclosures : copies of payment confirmation ( XXXX ), account screenshots, bank statement excerpt, list of call dates/times ( if available ) -- -

Company response to consumer: Closed with explanation