Consumer complaint received 2025-08-10 00:00:00
Product: Checking or savings account — Savings account
Issue: Managing an account — Deposits and withdrawals
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
I am a federally certified XXXX  XXXX  victim under the XXXX  Victims Protection Act ( 22 U.S.C. 7101 et seq. ) and the Debt Bondage Repair Act ( Public Law 117-263 ), with a formal XXXX  Victim Determination Letter issued by the XXXX XXXX Prosecutors Office . I am also in a DOJ-administered federal witness/victim protection program and relocated to Georgia for safety. 

In late XX/XX/XXXX, I opened a Capital One 360 account after fully verifying my identity through Capital Ones online portal ( drivers license, Social Security number, and multi-factor text verification ). Before depositing any funds, I confirmed with Capital One representatives that there were no account issues. 

On XX/XX/XXXX, I deposited three checks from XXXX XXXX XXXX related to a motor vehicle accident claim. On XX/XX/XXXX, I deposited two more XXXX checks, including large settlement payments that Capital One specifically instructed me to overnight via XXXX at my own expense. XXXX tracking confirms delivery, and Capital One sent email confirmations of receipt. 

On XX/XX/XXXX, Capital One placed a fraud restriction on my account. I spoke with XXXX, a Capital One manager, who reviewed my account, confirmed my XXXX claim details, and explicitly stated there was no fraud concern. He removed the restriction the same day, stating my account was in good standing ( call recording available ). 

Despite no new account activity after XX/XX/XXXX, Capital One reimposed the restriction on XX/XX/XXXX, coinciding with the date my largest checks were set to clear. They refused my explicit request to return the checks before processing, stating instead that my funds would continue to earn interest. I did not request interest I requested the return of my property. 

On XX/XX/XXXX, Capital One escalated the restriction, refusing to speak with me unless I appeared in person with my drivers license and Social Security card. I had just renewed my license on XX/XX/XXXX and only possess a temporary paper license ; I had also ordered a replacement Social Security card ( delivery up to 30 days ). Forcing in-person appearance is an undue burden and discriminatory under my federal victim protection status and XXXX. 

Violations & Legal Basis : UDAAP 12 U.S.C. 5531, 5536 Unfair, deceptive, and abusive acts : conflicting instructions, reversing prior clearance, and holding funds without lawful cause.

Electronic Fund Transfer Act / Reg E 12 C.F.R. 1005 Denying access to deposited funds without required notice or due process. 

Breach of Contract / Bad Faith Removing restrictions, then reimposing without new justification.

FCRA 605C 15 U.S.C. 1681c-2 Failure to accommodate special protections for trafficking victims.

Rehabilitation Act 504 & ADA Title III Discrimination by imposing physical appearance requirements despite documented XXXX and DOJ-protected status.

Conversion Unlawful control over my property ( refusal to return checks upon request ). 

Relevant Prior Legal Actions Against Capital One ( Pattern of Misconduct ) : CFPB Enforcement XXXX Capital One was ordered to pay {$210.00} XXXX in penalties and restitution for deceptive marketing and unfair account practices involving credit and banking products. 

Capital One Data Breach SettlemenXXXX XXXX The company paid {$190.00} XXXX to settle claims that it failed to protect consumer data, leading to account compromises and wrongful restrictions. 

Deposit Hold and Freeze Lawsuits Capital One has been sued multiple times in state and federal courts for wrongful account freezes, unexplained deposit holds, and delayed release of consumer funds, including Smith v. Capital One Bank ( USA ), N.A., where plaintiffs alleged unlawful retention of funds and refusal to return deposits upon request. 

Attachments Provided : XXXX  Victim Determination Letter from the XXXX XXXX Prosecutors Office. 

All XXXX settlement letters, check stubs, and XXXX  receipts. 

Capital One deposit confirmations and restriction notices. 

Recorded call transcripts ( XXXX, XX/XX/XXXX ; Capital One staff XX/XX/XXXX with XXXX and XXXX XXXX. 

DOJ protection documentation and medical XXXX records.

Company response to consumer: Closed with explanation