Consumer complaint received 2024-11-12 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Problem getting a working replacement card
Company: CAPITAL ONE FINANCIAL CORPORATION
State: PA

Complaint narrative:
Complaint Description : I am filing a formal complaint against Capital One for their mishandling of my request for a replacement credit card, and for their discriminatory treatment based on my financial situation. Despite being up to date on my payments when I initially requested the card in XX/XX/year>, I have not received the replacement card, nor any meaningful communication regarding my request. I am also appalled by the conduct of Capital One representatives, who not only failed to provide the necessary support but also treated me with disrespect, unprofessionalism, and inconsideration due to my financial hardship. 

Here is a timeline of events that clearly illustrates how Capital One has failed to uphold my rights as a consumer : XX/XX/year> XXXX hours : I contacted Capital One to request a replacement credit card, as I had not received the card initially. At that time, I was current on all my payments, and there was no indication from Capital One that I was in any violation of the terms of my account. The representative I spoke with assured me that the request would be processed, and I would receive an email notification when the card was sent out. 

XX/XX/year> : I initiated a chat on Capital One 's website with a representative named XXXX, who unprofessionally and insensitively informed me that " it doesnt matter if I have a card or not, because I can not use it. '' This statement was both disrespectful and dismissive of my financial situation. The representatives behavior was discriminatory and violated my rights as a consumer, as it implied that individuals who are struggling financially are undeserving of basic access to their own credit accounts. 

XX/XX/year> : I called Capital One at XXXX hours to escalate the issue. I was told by a representative that my account had been suspended, and as a result, I could not receive a replacement card. The representative further explained that my account was " four months past due '' and that I had not made any payments. This is categorically false. I made payments to the best of my ability, given my financial circumstances, in XX/XX/year>. My payments were not missed but delayed due to my financial difficulties, which is a situation that any responsible lender should accommodate with understanding and flexibility. 

Legal Violations : Unfair or Deceptive Acts or Practices ( UDAP ) : Capital Ones actions constitute a violation of the Consumer Financial Protection Act ( CFPA ) under 12 U.S.C. 5536, which prohibits unfair, deceptive, or abusive acts or practices. Denying me access to a replacement card simply because my account is past due ( despite my efforts to make payments ) and treating me with disdain due to my financial struggles is both unfair and deceptive. 

Discrimination Based on Financial Status : Discriminating against a consumer due to their financial circumstances is a violation of the Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691, which prohibits discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or income derived from public assistance. By refusing to provide me with a replacement card based on my financial difficulties, Capital One has acted in a discriminatory manner that violates my rights as a consumer. 

Breach of Contract ( UCC ) : Under the Uniform Commercial Code ( UCC ), particularly UCC 3-301, a cardholder has the right to use their credit card for transactions unless specific actions have been taken that justify suspending or closing the account. As I have made efforts to pay my account, Capital Ones actions in denying me a replacement card, especially when I am still an active cardholder, constitute a breach of the implied contract between Capital One and myself.

Fair Credit Reporting Act ( FCRA ) : If Capital One is reporting my account as past due when I have made payments, this may also violate the Fair Credit Rep
orting Act ( FCRA ), 15 U.S.C. 1681. Capital One must accurately report payment history to credit bureaus, and failure to correct any misreporting would further harm my credit profile.

Company response to consumer: Closed with explanation