Consumer complaint received 2025-03-25 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX

Complaint narrative:
On XX/XX/XXXX, during the peak of the COVID-19 pandemic, I was laid off from my job and experienced a sudden and total loss of income. That same year, I was involved in a serious car accident that led to mounting medical expenses and extended recovery time. I was also officially recognized as a XXXX XXXX XXXX veteran, which presented its own set of life-altering challenges and financial limitations. 

Despite notifying Capital One Auto Finance of my circumstances including my unemployment, medical hardship, and XXXX veteran status they continued to report negative information on my credit profile, in clear violation of several federal and state laws. 

I specifically informed Capital One of my eligibility for protections under : The CARES Act ( Public Law 116-136 ) The Servicemembers Civil Relief Act ( SCRA ) Texas Finance Code 392 Yet, these legal protections were ignored, and my credit was negatively impacted. 


I am submitting this complaint against Capital One regarding account # XXXX, due to inaccurate and unlawful credit reporting that violates both federal and state consumer protection laws. 

Capital One has reported 33 months of late payments, spanning from XX/XX/XXXX through the current date ( XXXX ), despite my account being under a COVID-19-related accommodation during this period. These months include : XXXX : XX/XX/XXXX : XXXX, XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX : XXXX through XXXX These negative entries were recorded during periods of forbearance or deferral, in violation of protections provided by the CARES Act and the Fair Credit Reporting Act ( FCRA ). 

Violations of Federal and State Laws 1. 15 U.S.C. 1681e ( b ) Accuracy of Information Credit bureaus must ensure the maximum possible accuracy of the information they report. Reporting late payments during federally protected forbearance or hardship periods is inaccurate and violates this requirement. 

2. 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ( i ) - ( ii ) Dispute Resolution After receiving a dispute, credit bureaus must investigate and either verify or correct/delete inaccurate information within 30 days. Despite disputing these late payments, they remain on my report unverified and unchanged.

3. 15 U.S.C. 1681s-2 ( b ) Responsibilities of Furnishers Furnishers like Capital One must conduct a reasonable investigation when a consumer disputes credit data and correct any inaccuracies. Capital One has failed to correct the late payments I disputed.

4. CARES Act Section 4021 ( Amendment to FCRA ) If an account was current prior to entering a COVID-19 accommodation, it must continue to be reported as current for the duration of the relief period. Capital Ones reporting of late payments during these covered months is a direct violation of this protection.

5. Texas Debt Collection Act ( TDCA ) Misrepresentation Under Texas Finance Code 392, creditors and XXXX must report fairly and accurately. Misreporting a debt, failing to note it as disputed, or mischaracterizing the account status may constitute a state law violation. 

Impact of Violations : These inaccurate and unlawful negative entries have caused significant damage to my credit score, leading to denials for credit and essential services. 

The stress of dealing with incorrect reporting during a time of national crisis and personal hardship has added to my financial and emotional burden. 

My attempts to resolve the matter directly with Capital One have failed, as they have not responded appropriately or corrected the false reporting.

Company response to consumer: Closed with explanation