Consumer complaint received 2024-12-10 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Other problem
Company: CAPITAL ONE FINANCIAL CORPORATION
State: IN

Complaint narrative:
Complaint Regarding Fraudulent Activity and Poor Customer Service I am writing to formally lodge a complaint regarding an incident of fraudulent activity on my Capital One credit card and the subsequent poor customer service I have experienced in resolving this issue. 

My fiance and I went on vacation to XXXX, VA in XXXXXXXX XXXX. During our return trip on XX/XX/XXXX, we stopped at a gas station where I purchased water. The attendant, along with two others, was tampering with the point-of-sale device for a few minutes before completing my transaction. I noted this suspicious activity. 

Upon returning to XXXX XXXX, IN, I used my Capital One card at a gas station in XXXX, Indiana, and several stores. On XX/XX/XXXX, I received a text alert for a purchase of {$16.00}. I immediately contacted Capital One and reported the fraud. The representative canceled my card, issued a new one, and assured me that I was protected against fraud. The charge was removed but later reapplied. 

When I called Capital One, I was told that the chip on my card was used in XXXX, KY, on the day I was working in XXXX  XXXX, IN, as an XXXX  XXXX at a hospital, which can be verified by my work records. Despite explaining my situation multiple times, I was repeatedly told that I must have used the card. 

I contacted the XXXX police department, specifically Officer XXXX ( XXXX # XXXX, phone XXXX ), who confirmed that such chip duplications are possible and mentioned that his own bank covered him for a similar incident. He suggested that I consider leaving Capital One due to their response. I also spoke with a gas station attendant named XXXX at XXXX, who promised to check the video footage but never followed up. 

I have been a loyal Capital One customer for over 10 years, consistently paying my balance in full each month. I have previously had my card stolen and used fraudulently in XXXX, and Capital One covered me without issue. However, this recent experience has been exceedingly frustrating and has made me question the reliability of your fraud protection guarantees. Due to the lack of resolution, I have already closed my account. 

Furthermore, on XX/XX/XXXX, Capital One initiated an investigation under case number XXXX. Despite this, Capital One concluded that the purchase in XXXX was made with my physical card, which I had been using in XXXX  XXXX at the same time. They maintained this position even though I informed them that it is possible for a purchase to appear as if a chip was used when it may have been duplicated. I have also filed a complaint with XXXX regarding this incident. This experience has severely eroded my trust in Capital One 's customer service and fraud protection measures. 

I have since become educated about devices like the XXXX XXXX, which can be used to skim cards at points of sale. I suspect that such a device might have been used during the suspicious activity I observed when the three individuals were tampering with the point-of-sale device. 

I would like to remind you of the recent changes in consumer protection laws, such as the updates to the Fair Credit Reporting Act ( FCRA ) and the Consumer Financial Protection Bureau ( CFPB ) regulations, which are designed to enhance consumer rights and protections against fraudulent activities. These laws should cover me as a consumer and ensure that my case is thoroughly reviewed and resolved in a fair manner. 

I request that you re-evaluate this situation and take appropriate action to resolve this matter promptly. 

Thank you for your attention to this serious matter. 

Sincerely, XXXX

Company response to consumer: Closed with monetary relief