Consumer complaint received 2025-08-15 00:00:00
Product: Checking or savings account — Checking account
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: CAPITAL ONE FINANCIAL CORPORATION
State: OH

Complaint narrative:
Dear Consumer Financial Protection Bureau ( CFPB ), I am writing to file a subsequent complaint against Capital One Bank ( USA ), N.A., following my previous complaint # XXXX regarding fraudulent charges on my account. This new complaint addresses Capital Ones response to the prior complaint, which contains fabrications, falsified information, and blatant misrepresentations intended to deny me the fraud protection promised under my account agreement and to avoid refunding the unauthorized transactions totaling approximately {$6700.00}. These actions by Capital One not only exacerbate the original fraud but also constitute further misconduct, including potential violations of consumer protection laws. I have attached screenshots and other evidence to support my claims, including fraud alert notifications from Capital One and correspondence related to my disputes. 
To recap the original issue : On or about XX/XX/year>, I discovered unauthorized transactions from XXXX XXXX on my Capital One debit account, totaling around {$6700.00} in debits and credits. I do not have a XXXX XXXX account and have never used the service. I was first alerted to this activity by a phone call from Capital Ones fraud department while I was at work, which I missed. No voicemail was left, and I received no prior text alerts or notifications. Upon returning home, I called back and learned through the automated system that the call was to confirm suspicious transactions. However, I could not speak to a representative as the fraud department was closed. After checking my account and identifying the fraudulent charges, I immediately reported them to Capital One. 
During my conversation with a representative, I was informed that a fraud alert had been sent to my phone a week earlier, which I never received because I was on vacation. Despite my insistence that there was no record of this alert in my messages, my concerns were dismissed. I questioned why my debit card was not locked after the alert was purportedly sent, which allowed additional suspicious transactions to occur without my confirmation, and why it took so long for Capital One to follow up. My initial dispute was denied on the grounds that I had allegedly participated in the transactions. I firmly assert that Capital Ones failure to lock my card upon flagging the activity directly contributed to the escalation of the fraudif the card had been locked as it should have been, the losses would have been limited to a couple XXXX dollars rather than thousands. 
Although I was permitted to escalate the claim, it was also denied without adequate documentation or explanation. I filed the initial CFPB complaint to seek proper resolution and hold Capital One accountable for their inadequate fraud protection and account handling. However, Capital Ones response to that complaint, submitted via the CFPB portal, is riddled with falsehoods that can be easily disproven by my attached evidence and, if necessary, subpoenaed records.

Specifically, Capital One falsely claimed in their response that my claim was denied because I responded yes to fraud alerts on XX/XX/year>, and XX/XX/year>, thereby confirming the transactions. This is categorically untrue and appears to be a deliberate fabrication to avoid liability. As evidenced by the attached screenshots of fraud alerts from Capital One : There was no fraud alert sent on XX/XX/year>, related to XXXX XXXX or any other relevant transactions. Instead, a fraud alert concerning XXXX XXXX was sent on XX/XX/year>, which went unanswered because I was on vacation and did not see it. 
The fraud alert on XX/XX/year>, which Capital One references, does not pertain to XXXX XXXX as they claimed. It was for an XXXX XXXX transaction, to which I did respond yes because it was a legitimate action on my part ( adding money to my own XXXX XXXX ). As shown in the screenshots, XXXX XXXX responded to my confirmation with a message stating, Thanks for responding. Your card is available for further use, indicating that the card had been locked until I verified the alerta key point that contradicts Capital Ones handling of the earlier unanswered alert. 
This XX/XX/year>, alert is entirely irrelevant to my dispute, as I filed my fraud claim on XX/XX/year>, after which my debit card was replaced, and no further XXXX XXXX transactions occurred. The fraudulent activity spanned only from around XX/XX/year>, to XX/XX/year>. Capital Ones misrepresentation of these alerts demonstrates an overzealous effort to deny my claim and evade responsibility. 
Furthermore, Capital One stated in their CFPB response that a card is only locked if a user responds no to a fraud alert, implying that an unanswered alert allows transactions to continue. In my case, this is exactly what happened, leading to additional fraud. However, as a longtime Capital One customer, I know from personal experience that fraud alerts typically result in an automatic card lock until the user responds yes, after which Capital One confirms the card is available for use again. This inconsistency is another manipulative tactic by Capital One to avoid accountability for not locking my card after the XX/XX/year>, alert went unanswered. 
Adding to this, during my initial phone conversation with a Capital One representative on XX/XX/XXXX, XXXX Capital One records and can verifythe representative explicitly admitted that the missed call from the fraud department was an attempt to confirm the suspicious transactions because a fraud alert sent a week earlier had not been answered. This admission directly contradicts Capital Ones later claim via the CFPB that I responded yes to the alerts. Such fabrications, especially from a bank with access to its own records, are unacceptable and borderline criminal. 
After requesting documentation used to deny my claim, Capital One emailed me stating, The following attachment includes all documents used in making a decision on your claim. However, the attachment contained only my XXXX XXXX monthly bank statementnothing related to the alleged fraud alerts or other evidence they cited in their CFPB response. Why withhold documentation of the alerts they falsely claim I responded to? This lack of transparency is further evidence of misconduct. 
Additionally, four of the disputed charges were not even considered until after XX/XX/year>, as shown in an attached screenshot of an email from Capital One dated XX/XX/year>, stating they had just received the claim for those charges from my original XX/XX/year>, submission. This delay makes no sense and suggests mishandling. Of these, three were denied, and one resulted in a temporary credit of just {$1.00}, which feels like a mockery of my situation. 
Capital One has refused to contact me directly to resolve this, seemingly to avoid addressing their errors. I demand a full investigation into these fabrications, a reversal of the denials, and a refund of the full {$6700.00} in fraudulent charges, plus any applicable interest or fees. Capital One must be held accountable for failing to provide the fraud protection outlined in my account agreement and for their deceptive practices in responding to my CFPB complaint. If this is not resolved promptly, I will pursue legal action in a court of law, where phone records from XXXX XXXX can be subpoenaed to confirm no yes responses were sent on the dates Capital One claims, and Capital Ones call recordings can verify the representatives admissions. 
Thank you for your attention to this matter. I look forward to your assistance in achieving a fair resolution. 
Sincerely,

Company response to consumer: Closed with explanation