Consumer complaint received 2025-11-19 00:00:00
Product: Checking or savings account — Checking account
Issue: Managing an account — Problem using a debit or ATM card
Company: CAPITAL ONE FINANCIAL CORPORATION
State: GA

Complaint narrative:
I am a victim of identity theft and financial fraud. 
On XXXX, a temporary caregiver named XXXX XXXX XXXX gained access to my personal devices while in my home. He later stole my XXXX on XX/XX/year>, took control of my XXXX account ( XXXX ), changed my recovery phone number, erased my phone contacts, and used my accounts without my permission. 

On XXXX an unauthorized XXXX transfer of {$1500.00} was sent from my Capital One checking account to XXXX XXXX. Capital One denied my fraud claim, stating that the transfer came from my device. 

However : My devices were compromised My email was stolen My phone number was changed My contacts were deleted My identity was taken over The thief had physical access to my phone The transfer was not authorized I did not benefit from the transfer Under Regulation E, unauthorized electronic transfers MUST be refunded even if a criminal uses the victims physical device, because the access was obtained through fraud, theft, and deception. 

Capital One is incorrectly denying my claim and refusing to apply Regulation E protections. 

Police Report Information : XXXX XXXX XXXX XXXX Report Number : XXXX Deputy : XXXX XXXX Badge # XXXX This report confirms : Theft of my XXXX Unauthorized access to my accounts Identity-theft activity Criminal possession of my device at the time of the XXXX transfer I have already mailed Capital One a fraud affidavit with supporting evidence. 

Important Facts Capital One ignored : The thief used my cell phone without my permission to send the XXXX transfer. 

He erased all my contacts to hide his actions. 

He changed my recovery phone number to XXXX ( his number ). 

My XXXX was stolen and contained my passwords and bank apps. 

My XXXX account was taken over and is now controlled by the thief. 

Capital One is blaming me because the transfer came from my device, even though the device was compromised and used without authorization. 

This violates the intent and requirements of Regulation E. 

What I want Capital One to do : Reopen and fully reinvestigate my XXXX fraud claim Apply Regulation E protections correctly Refund the unauthorized transfer of {$1500.00} Remove any negative account activity caused by this fraud Strengthen the security on my account Communicate only with my verified contact information : Primary Email : XXXX Backup Email : XXXX Phone : XXXX What attachments I will provide if needed : Copy of police report Fraud affidavit XXXX transaction screenshots Evidence of stolen XXXX Evidence that my email was taken over Evidence my contacts were deleted Evidence the thief changed my phone number XXXXXXXX XXXX letter showing he opened a fraudulent account using my stolen identity The issue is with : Money transfer or virtual currency Fraud or scam Unauthorized transfer I want the following outcome : Reversal of unauthorized transaction Enforcement of Regulation E Better account protections

Company response to consumer: Closed with explanation