Consumer complaint received 2025-04-15 00:00:00
Product: Debt collection — Credit card debt
Issue: Communication tactics — You told them to stop contacting you, but they keep trying
Company: CAPITAL ONE FINANCIAL CORPORATION
State: WA

Complaint narrative:
To Whom It XXXX Concern, I am recommending that further actions be brought against Capital One, and it's board members past and present, for perpetuating a cultural precedent that encourages a guaranteed-fee model of operations and fiduciarily fails the investor while it harms the protected consumers, in like-spirit as pertaining to violations of FDCPA, and extending to disparate impact and treatment of XXXX protected consumers through their collection practices. 

I retained counsel XX/XX/XXXX to file a personal XXXX XXXX XXXX  I've been unemployed since XX/XX/XXXX, or I would have just kept paying everything. I was underemployed previously, so I don't have savings to keep paying either. I delayed filing because I was gaining traction with my businesses, but they are still pre-revenue despite my best efforts to turn a profit and just pay everything off instead of filing. Last time I was out of work, I never missed a payment ( i.e. established good faith ). 

With the delays getting my case filed, all of my creditors have coded my accounts correctly AND also deferred to my counsel after being notified, except for Capital One. 

In my opinion, Capital One is displaying a gross abuse of regulatory arbitrage, and it's statistically improbable for me to be the only consumer experiencing it. Additionally, if they're abusing regulatory arbitration against consumers, it also impacts their shareholders through converging and competing conflicts of interest that nullify their fiduciary duties to investors. ( converging conflicts from : XXXX XXXX XXXX ) Having worked in consumer finance and managed XXXX and XXXX claims, I'm familiar with consumer protections under FDCPA, and Capital One isn't adhering to them by contacting me instead of my counsel as advised multiple times. I've also mentioned to them that I have XXXX - XXXX and XXXX- this would be on their recorded calls as well. I understand I'm not protected by bankruptcy law until I have case number, but they still need to contact counsel instead of the consumer when advised, per FDCPA. 

Previously, when I would ask to speak to a supervisor so they might code my account correctly, I'm put on hold, redirected, etc. so I usually just hang up. This morning ( XX/XX/XXXX ), I requested an email address to send notice of representation to, and the representative never sent it as she said she would while on recorded line- they have my email on file, because I get their collection emails too. 

I first informed Capital One in XXXX of XXXX, and they've continued to make- on average - one call per day since then, regardless of if I answer or not, and even after I notified them of FDCPA, re-advise of counsel, etc. Capital One continued to call until XX/XX/XXXX when I informed I would be starting a XXXX XXXX. Further, because of the number of people I've spoken with, it's statistically probable that it's a XXXX XXXX and XXXX issue, and not just a training issue. 

I understand there are service providers that deflect responsibility from Capital One as well, but they still hold a duty to their shareholders to monitor contracted activities, as well as their call content. It is also statistically improbable that with all the reps I've spoken with, that I'm the only consumer this is occurring to. 

Additionally, Capital One holds a fiduciary duty to their shareholders, and the regulatory arbitrage strategy is a pre-determined course of operations that results in a guaranteed fee / loss scenario, with untold potential for future damages and is as close to defined suitability as you can get. 

Instead of striving to avoid class-actions, XXXXXXXX XXXX model practically guarantees them. 

The probability that their operations could be made more efficient and compliant for increased revenue retention is greater than their accepting a fee-based approach. Each year, implementations of improvements get more expensive, so they are also harming the shareholder in the long term, and by-proxy failing in all their fiduciary duties to shareholders. 

Lastly, with the prior class actions, Capital One, in my opinion, has continued to prove that the established XXXX XXXX of lax consumer protections and tendencies toward converging conflicts in favor of fees, and ignoring conflicts of interest through a one-side regulatory arbitrage approach, is their intended course of action. 

Thank you

Company response to consumer: Closed with non-monetary relief