Consumer complaint received 2025-08-12 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Fees or interest — Problem with fees
Company: CAPITAL ONE FINANCIAL CORPORATION
State: NM

Complaint narrative:
On XX/XX/XXXX I called Capital One to report fraudulent activity on my Cap One Quick Silver Card ending in XXXX XXXXXXXX. XXXX continues to charge my account without any explanation. I have been thorough and cleared any possible applications on my phone to ensure I did not have fees. However, XXXX continued to charge me. I spoke to Cap One about this and disputed. They went back to XX/XX/year> and issued a credit in the amount of {$440.00}. I also made a payment for the fees that were valid. As of XX/XX/year> I went online to Cap One to make a car payment and I noticed that my credit was decreased. When I opened the statement for this card XXXX XXXXXXXX now changed to to XXXX XXXXXXXX there were apple charges again for the same fees. I spoke to Cap One about this and they told me that they would allow the charges and " maybe '' I could submit a Fraud Report again. In addition, they promised to send me the new card ending in XXXX  XXXX and I have not received it and it has not been activated. I am basically being charged for a card I don't have. I stayed on the phone with them for about an hour and got disconnected. In addition, they allowed these charges to come through again and are charging me interest.

This issue falls under federal consumer protection laws, specifically the Fair Credit Billing Act ( FCBA ), which is part of the Truth in Lending Act ( TILA ).

Fair Credit Billing Act ( FCBA ) Protections The FCBA ( 15 U.S.C. 1666 ) covers billing errors on credit card accounts, including unauthorized charges and incorrect amounts. It gives me the right to dispute charges.

Cap One needs to remove the disputed amount from your balance while they investigate ( meaning I shouldnt be charged interest or late fees on that amount during the dispute ).

Receive a written explanation of the outcome. I NEVER RECEIVED A WRITTEN OR VERBAL EXPLANATION OF THE OUTCOME.

Capital One gave me a temporary credit ( over the phone ) during the investigation, then later allowed XXXX to charge my account for the same fees. 

They can not retroactively charge me interest for the dispute period unless they clearly disclosed in advance that interest would accrue. 

Cap One allowed XXXX to let the charge post again without resolving it and gave the merchant multiple chances to push it through, violating Regulation Z, which implements TILA.

3. Relevant Legal References 15 U.S.C. 1666 Billing error resolution rules.

12 C.F.R. 1026.13 Regulation Z rules for disputes.

FTC Guidance on the FCBA States that creditors must not threaten your credit standing or charge interest while a dispute is unresolved, unless they ultimately find the charge valid.

" Under the Fair Credit Billing Act and Regulation Z ( 12 C.F.R. 1026.13 ), I dispute your assessment of interest charges during the billing error investigation. Please remove these finance charges. '' In addition, remove the charges from XXXX dated XX/XX/XXXX forward. I don't have an XXXX Phone.

If they dont fix it, file a complaint with : cc : Office of the Comptroller of the Currency ( OCC ) ( Capital Ones regulator ).

Company response to consumer: Closed with explanation