Consumer complaint received 2025-01-16 00:00:00
Product: Checking or savings account — Other banking product or service
Issue: Problem with a lender or other company charging your account — Transaction was not authorized
Company: CAPITAL ONE FINANCIAL CORPORATION
State: TX

Complaint narrative:
This account is very similar to an account here : XXXX XXXX XXXX XXXX XXXX XXXX  except it is a different scam, and has been even more egregiously mishandled. I have still not gotten my money back from the scammer. If Capital One can handle this account, then surely they should have been able to handle mine. 

XX/XX/XXXX - XX/XX/XXXX : I was a victim of a pig butchering scam, where a third party scammer in the XXXX coerced me to 'invest ' money into a business, and other exploits, through XXXX XXXX I was then gaslighted and extorted further via a recovery scam to protect my already invested money ( for a total of {$60000.00} ). A full timeline of this scam ( XXXX XXXX XXXX XXXX XXXX XXXX  ), along with over 170 pieces of evidence ( numbered with corresponding IDs ), is included attached to this report. 

XXXX : I fully become aware I am being scammed, and immediately called XXXX to attempt a resolution, who in turn told me to contact Capital One, as they could only get my money back if approved by my bank. This is due to the fact that the scammer insisted I use the 'friends and family ' function. 

XX/XX/XXXX : I then filed a report with Capital One, opening a claim totaling the amount of money I lost to the scam ( {$60000.00} ). My claim was then filed incorrectly, as the agent placed it under the incorrect category. 

XX/XX/XXXX : I began to search out legal counsel in both the XXXX and XXXX with the possibility of helping this dispute. 

XX/XX/XXXX : The second time my claim was refiled, it was split into two claims for some reason, and I had one of them ( {$6700.00} ) returned within two hours, which presumably notified the scammer as to my intent to get my money back - something I explicitly cautioned against multiple times, in fear the scammer might retaliate and delete online presences, running off with all my money. Capital One continued to mishandle my claim, refiling it continuously due to various errors on their end. That same day, it was refiled once again for the full amount of {$60000.00}. Multiple times over the phone, I was assured I was being scammed. An agent specifically told me that chat logs and contracts with the scammer would help towards the investigation, so I began to collect these pieces of information. 

XX/XX/XXXX : I went to a physical Capital One branch to send out a Written Statement of Unauthorized Debit, which Capital One later claimed they have never received ( despite me possessing physical confirmation of the fax receipt ) An agent told me there, at XXXX, to keep the {$6700.00} until I was able to settle the dispute for the full amount. No provisional credit was ever granted. 

XX/XX/XXXX : Not wanting to leave any more room for error, I sent a folder to the Capital One Investigation team containing over 170 pieces of evidence clearly proving I was a victim of a scam, including proof of the scammers falsified claims, fabricated government credentials and many contracts that the scammer had consented to and had clearly broken. Capital One treated this case as if I had purchased a product or service, continuing to tell me that I should work with a vague merchant. Even when I explained the nature of the scam, Capital One consistently responded with this vague merchant line, even when talking to supervisors and explicitly telling them I was scammed and had purchased no product. 

XX/XX/XXXX : I updated the Capital One Investigations team with the fact the scammer continues to renege on all contractual duties and refuses to work towards a solution. Additionally, I offered a recap of every reason I believe I am a victim of a scam, which includes a total 33 suspicious actions the scammer consistently did over our communications, some of which alone would have constituted a scam. Evidently, this clear line of reasoning was ignored as my claim would soon be rejected for irrelevant reasons. 

XX/XX/XXXX : I was notified that my claim was denied, because the merchant ( I assume XXXX, in this case ) said I had authorized sending money to the scammer. The fact I had sent the money should be irrelevant, as this is literally how scams work ; all it proves was that I was a victim of the scam. This is something which I have explained to them many times, and the nonchalant response ( as well as the lack of any requests for further information ) proves Capital One did not even care to treat my claim seriously or review the evidence at all. 

XX/XX/XXXX : When I called with questions regarding my denial, Capital One said the claim was again filed incorrectly, that they were refiling it once more, and that I could continue to vaguely work with the merchant. I did not purchase anything from anyone, so I am unsure what merchant they are even referring to. And how am I intended to work with a scammer who has no intention of returning my money? Due to the mishandling of my claim, I was then accused over the phone of filing this claim 4-5 times, which is simply untrue. When asking about why my claim was denied, as it was established I had sent money to the scammer, I was simply told to fill out the provisional credit form once more, as if it was a fair replacement to a proper investigation. I was then told I was NOT scammed, and that my case was being refiled again. I was never notified of this refiling via email as per protocol, and needed to ask about the case twice to receive any useful information about it. A male supervisor who was quite standoffish also told me there was nothing Capital One could do about getting my money back at this moment, which is also untrue as they had already partially charged back the money I had lost. 

XX/XX/XXXX : I contacted CFPB and the State Attorney General over the phone, and was assured that scams like these should be classified as an unauthorized transaction. If this is indeed the case, why was my case rejected by Capital One, due to the fact it was 'authorized '? 

XX/XX/XXXX XXXX : At the advice of CFPB and other agencies, I contacted the XXXX Police Department to file a police report regarding the incident. Additionally, CFPB once more agreed this case was a scam. 

XX/XX/XXXX : My case was rejected again, once more because the payment was authorized, despite already issuing a prior chargeback. I talked to Capital One, and was told that a contract specifically stating I am to be repaid would be needed. Again, this is just how scams work- being a victim of a scam should not allow a scammer to get away with it. However, I had received consent for a previously unsigned contract I had supplied to the scammer on XX/XX/XXXX. This document includes a clause which says I am able to chargeback all my money in the case of a dispute ; as me and the scammer are currently in a dispute, I have sent this to Capital One to honor the contract and return my money. 

XX/XX/XXXX : At the advice of the CFPB, I submitted a report to ic3 regarding this scam. 

XX/XX/XXXX : I submitted my FTC, FBI and Police reports to XXXX over the phone, to a supervisor. A supervisor told me that XXXX can only mention payments as authorized or unauthorized, which ONLY shows if an account has been hacked into by a third party. I could very well still have been scammed, which is the case here. I then called Capital One to clearly explain this. The agent, XXXX, took note of this, and said these should count as unauthorized payments. Additionally, he requested the Investigations department contact me. 

XX/XX/XXXX : I was told the claim was once again rejected for a third time, despite clear evidence and police reports. However, I was not notified of this. Again, I was advised to vaguely settle with the merchant. Being a victim of a scam is cited as the basis for my claim denial once more. They claimed the scammer let me have the small sum before, even though it was a clear bank chargeback. A very helpful agent named XXXX agreed to open up another case regarding this. Received email proof from the XXXX executive office proving unauthorized only refers to having been hacked, which PROVES Capital One 's denial basis is invalid; sent this proof to Capital One. However, Capital One would deny the claim on these same irrelevant grounds within two days. 

XX/XX/XXXX : Was given XXXX Ones corporate number. 

XX/XX/XXXX : I found evidence ( XXXX XXXX XXXX XXXX XXXX XXXX  ) that Capital One allows clients to speak to the investigation team, the account being very similar to my own. I have learned the issue - that there is no category to file my claim properly, and so it continues to be rejected. Called and asked to talk to the back office. Talked to XXXX, who was unable to transfer me to the back office, but was able to message them about the misclassification. My claim was denied yet again for the same banal reason. 

XX/XX/XXXX : Contacted the corporate team, who only sent me back to the claims department. I have only been advised to talk to the merchant or wait even longer, which is unacceptable for a case as urgent as this one. I also contacted the fraud, claims, customer service, and complex claims department, who were unable to help me as they redirect me anywhere but where I need to go. 

XX/XX/XXXX : The bank was able to recover some money, but then gave me an excuse that they were 'unable to recover ' the rest of my money, because it has been more than 60 days since the ACH payment cleared. A new case was filed for the fraud team to investigate this. This is in DIRECT violation of Regulation E, since I had an extenuating circumstance and the bank REFUSED to honor it. The bank also said my transactions are authorized ; scammed transactions under Regulation E are UNAUTHORIZED. 

XX/XX/XXXX : After proving this all to the bank, my claim was once again rejected ... because the payment was 'authorized '. This is in DIRECT violation of Regulation E, and this is the same excuse they used so many times before. In fact, the email I sent them has proof IN IT that this is in violation of Regulation E, and they ignored it. 

Throughout this process, Capital One failed to adhere to Regulation E guidelines : XXXX Misclassification of Transactions : SIX times ignored clear evidence and documentation, essentially citing my being a victim of a scam as the basis for denial. When confronted with direct evidence, Capital One abandoned this premise, and found another excuse to deny the claim. Eventually, Capital One denied my claim on entirely nonsensical grounds, and disallowed me from communicating with the investigations team. *** Failure to Investigate Adequately : The investigation team relied on irrelevant evidence without reviewing submitted evidence of the scam, which more than proves I was a victim, suggesting a severe mishandling of the case. Failed to reach out regarding additional information or to allow me to properly explain myself. Failed to understand XXXX classification of authorized or unauthorized only refers to if an account has been hacked, and not scams. Failed to differentiate authorization from scams. Failed to notify me of claim denials or refiling. *** Improper Handling of Investigation : The investigation team mishandled and refiled the case multiple times with inconsistent results, while having no meaningful follow-up communication or investigation. Much of the given advice was contradictory, and I was not notified when my claim was refiled. Shifting responsibilities to work with a vague 'merchant ' is not appropriate, as there is no merchant, and the scammer has no intention to return any of my money. Capital One has the duty to protect the customer, and handle these claims in a prompt and thorough manner. As of XX/XX/XXXX, the scammer has still refused to return any money or deliver on any obligations, contractually bound or otherwise. I am being sent in circles by dispute resolution in spite of clear evidence, and Capital Ones repeated failures to follow proper procedure under Regulation E have left me financially burdened and without recourse. Additionally, Capital Ones actions have notified the scammer, now making it possible for the scammer to delete online presences and get away without consequences at any moment. The inability to redirect me to the proper team or to have them reach out to me, have made it impossible to fix this issue, as each department forwards me to the next. Due to these DIRECT violations of Regulation E, which have caused much financial injury and were not reasonably avoidable, I am filing this complaint under UDAAP.

Company response to consumer: Closed with explanation