Consumer complaint received 2026-01-28 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Getting a credit card — Application denied
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MN

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX, Minnesota XXXX Phone : XXXX Email : XXXX XX/XX/XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau ( CFPB ) Complaint Intake Department https : XXXX Re : CFPB Complaint Capital One Bank XXXX XXXX ) XXXX XXXX. 
Inconsistent and Contradictory Adverse Action Determinations Denial of Venture Credit Card Application ID XXXX I. INTRODUCTION This correspondence constitutes a formal complaint to the Consumer Financial Protection Bureau ( CFPB ) against Capital One Bank ( XXXX ), XXXX. ( hereinafter " Capital One '' ) for inconsistent, contradictory, and potentially unlawful adverse action practices in connection with my application for a Capital One XXXX credit card, XXXX ID XXXX. 
Speci my application for stated reasons. However, in response to my subsequent dispute and CFPB complaint, Capital One issued a letter dated XX/XX/XXXX, asserting that they have " no record of a XXXX credit card application submitted for XX/XX/XXXX '' and implying that no adverse action notice was ever issued. 
This contradictiondenying an application in writing on XX/XX/XXXX, then claiming no record of that application exists on XX/XX/XXXX, XXXX serious questions about Capital One 's compliance with the Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691 et seq., Regulation B, 12 C.F .R. 1002, and the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. 
XXXX. FACTUAL BACKGROUND A. Original Application and Adverse Action Notice ( XX/XX/XXXX ) On or about XX/XX/XXXX, I submitted an application for a Capital One XXXX credit card. 
Capital One issued an adverse action notice dated XX/XX/XXXX ( attached ), addressed to : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXXXXXX, MN XXXX The notice clearly identi Application ID : XXXX Creditor : Capital One N.A. 
Decision : Denied The notice stated XXXX reasons for denial : XXXX. Based on your application information, there is a currently pending or recently processed application with Capital One XXXX. Based on your application information, there are too many delinquent past or present Capital One credit obligation ( XXXX ) XXXX. Based on your application information, you have previously earned a spend bonus on this product The XX/XX/XXXX letter further stated : " If you feel we missed something or misread your information, then please write to us at XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, UT XXXX and include your Application ID number referenced above. 
" B. Subsequent Dispute and CFPB Complaint Following the XX/XX/XXXX denial, I pursued the following actions : XXXX. XX/XX/XXXX : I sent a formal dispute letter to Capital One demanding speci written disclosure of reasons for the adverse action, itemized explanations, consumer reporting agency disclosures, and manual reconsiderationall as required by ECOA/Regulation B and FCRA. 
XXXX. XX/XX/XXXX : Capital One responded with a letter ( attached ) that contradicts the XX/XX/XXXX adverse action notice. 
XXXX Capital One 's Contradictory XX/XX/XXXX Response Capital One 's XX/XX/XXXX letter states : " We have no record of a Venture credit card application submitted for XX/XX/XXXX. Secondly, we have not received a previous request for a manual application review, or a request for an adverse action letter, as you indicated in your submission. 
" Capital One then invited me to " fax a copy to XXXX, or mail it to the above address, " suggesting that if I provide documentation of a credit report showing their denial, they will " take another look. 
" XXXX. LEGAL VIOLATIONS AND VIOLATIONS OF CFPB ENFORCEMENT AUTHORITY A. Inconsistency Regarding the Existence of an Application and Adverse Action Notice Capital One can not simultaneously : XXXX. Issue an adverse action notice dated XX/XX/XXXX, denying XXXX ID XXXX, and XXXX. Claim on XX/XX/XXXX, that they " have no record of a XXXX credit card application '' This contradiction suggests XXXX of the following violations : XXXX. Defective Record-Keeping and Compliance Failures ( ECOA/Regulation B ) Regulation B, 12 C.F .R. 1002.12, requires creditors to retain and preserve records related to credit applications and adverse action notices for at least XXXX year from the date of notice. 
Capital One 's claim that they have " no record '' of an application they denied in writing contradicts this requirement and suggests : Possible destruction or loss of required compliance records Inadequate information systems to track adverse actions Failure to properly document or preserve adverse action compliance XXXX. Contradictory Adverse Action Notices ( ECOA/Regulation B Violation ) Under 15 U.S.C. 1691 ( d ) and 12 C.F .R. 1002.9 ( a ) ( 1 ), a creditor must provide a clear and conspicuous written statement of the speci Capital One provided such a notice on XX/XX/XXXX. 
By subsequently denying that the application or adverse action ever occurred, Capital One : Undermines the integrity and enforceability of the XX/XX/XXXX notice Suggests possible document tampering or record falsi Demonstrates inconsistency that may itself constitute bad faith XXXX. Potential Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP Violation ) Under the Dodd-Frank Act, 15 U.S.C. 1681a, the CFPB has authority to enforce against unfair, deceptive, or abusive acts or practices ( XXXX ). Capital One 's contradictory statementsissuing a denial in XX/XX/XXXX, then claiming no record exists in XX/XX/XXXX constitute : Deceptive conduct : Making materially false or misleading representations about whether an application or adverse action notice exists Unfair conduct : Shifting the burden onto the consumer to prove that the creditor 's own adverse action notice is legitimate Abusive conduct : Taking advantage of a reasonable consumer 's reliance on o adverse action notices by later denying their existence B. Failure to Provide Adequate Adverse Action Notice Disclosures Even accepting Capital One 's XX/XX/XXXX notice as compliant on its face, the notice contains only generic, boilerplate reasons that do not comply with Regulation B 's requirement for " speci 12 C.F .R. 1002.9 ( a ) ( 2 ) requires : " If the credit decision is adverse, the statement of reasons shall be speci not be generalized, vague, or do not re circumstances. 
" Capital One 's XXXX stated reasons : XXXX. 
XXXX. 
XXXX. 
" Currently pending or recently processed application with Capital One '' Does not identify which application, when it was processed, why it triggered a denial on a di denials. 
" Too many delinquent past or present Capital One credit obligation ( XXXX ) '' Does not de " identify which accounts, specify the delinquency threshold, or explain how recent delinquencies on actively-managed accounts factored into this decision. 
" Previously earned a spend bonus on this product '' Does not explain whether this is an absolute bar to new applications, whether exceptions exist, or how this policy applies to consumers with improving payment histories. 
CFPB guidance and case law con Generic codes and boilerplate language do not satisfy Regulation B 's " speci requirement circumstances Creditors must tailor their adverse action statements to the individual applicant 's Vague statements that could apply to thousands of applicants are per se insu Capital One 's failure to provide itemized, individualized explanations of how each reason applied to my speci ( 2 ).

C. Inadequate Consumer Reporting Agency Disclosures ( FCRA Violation ) Under 15 U.S.C. 1681m ( a ), when a creditor bases an adverse credit decision on information from a consumer reporting agency, the creditor must disclose : XXXX. The name, address, and telephone number of each consumer reporting agency XXXX. The date on which the consumer reporting agency report was obtained Capital One 's XX/XX/XXXX adverse action notice does not identify : Whether the decision was based on internal Capital One data, external credit-bureau data XXXX or both Which credit bureaus ( Equifax, Experian, TransUnion, XXXX specialty agencies ) were consulted The speci What credit scores or credit-report Without these disclosures, I can not evaluate the accuracy of the information Capital One relied upon, can not dispute inaccurate data with the bureaus, and can not exercise my rights under the FCRA. 
IV. IMPACT ON CONSUMER Capital One 's contradictory statements have caused the following harms : XXXX. Confusion and Obstruction : Capital One 's XX/XX/XXXX letter created confusion about whether the XX/XX/XXXX denial was legitimate and suggested that I must produce evidence of my own credit report to prove that Capital One 's denial letter is real shifting an unfair burden onto me. 
XXXX. Inability to Pursue Remedies : By denying the existence of the application and adverse action, Capital One attempted to foreclose my ability to pursue reconsideration, dispute inaccurate information, or seek regulatory relief. 
XXXX. Stalled FCRA Disputes : The contradictory response has delayed my ability to obtain speci national credit bureaus under 15 U.S.C. 1681i. 
XXXX. Reputational and Financial Harm : The con about the legitimacy of the original denial and suggests possible systemic failures in Capital One 's record-keeping and compliance systems. 
V. DEMAND FOR CFPB INVESTIGATION AND ENFORCEMENT I respectfully request that the CFPB : XXXX. Investigate Capital One 's record-keeping and compliance systems to determine whether Capital One has systematically failed to preserve adverse action records or has issued contradictory adverse action notices in other cases. 
XXXX. Demand that Capital One provide written XXXX XXXX

Company response to consumer: Closed with explanation