Consumer complaint received 2026-03-07 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Problem with a purchase shown on your statement — Credit card company isn't resolving a dispute about a purchase on your statement
Company: CAPITAL ONE FINANCIAL CORPORATION
State: MI

Complaint narrative:
COMPLAINANT INFORMATION Name : XXXX XXXX Date of Complaint : XX/XX/year> Credit Card Issuer : Capital One Bank, N.A. Capital One Dispute Case Number : XXXX Transaction Amount in Dispute : {$2400.00} Transaction Date : XX/XX/year> Merchant : XXXX XXXX XXXX XXXX XXXX XXXX STATEMENT OF COMPLAINT I am filing this complaint because Capital One has repeatedly failed to apply the " Claims and Defenses '' protections I am entitled to under the Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1666i, and Regulation Z, 12 CFR 1026.12 ( c ). Despite submitting documented evidence of regulatory fraud and a life-safety failure, Capital One has continued to find in favor of the merchant with the blanket, unsupported conclusion that " services were rendered as described. '' This conclusion is factually and legally impossible given the evidence on record. Capital One 's handling of this dispute represents a failure of its compliance obligations under the FCBA specifically its obligation to conduct a reasonable investigation into a consumer 's documented Claims and Defenses before issuing a finding. STATEMENT OF FACTS 1. Illegal Performance of Service Permit Fraud XXXX XXXX XXXX XXXX XXXX XXXX performed hazardous residential gas-line work on XX/XX/year> without obtaining the mandatory XXXX XXXX XXXX mechanical permit required by Michigan law . The merchant initially misrepresented to me that a permit was " not needed. '' The merchant only applied for a permit AFTER the work was already completed a fact confirmed by XXXXXXXX XXXX XXXXXXXX permit records submitted as evidence. Under Michigan law, a contract for illegal, unpermitted gas-line work is void ab initio. A service performed in direct violation of state safety ordinances and local permitting law can not, as a matter of law, be classified as " rendered as described. '' 2. Documented Life-Safety Hazard Official " DANGEROUS '' Red Tag Less than 24 hours after XXXX XXXX XXXXXXXX XXXX XXXX XXXX declared the work " satisfactory '' and obtained my signature, an official utility inspection by XXXX XXXX resulted in a " DANGEROUS '' Red Tag, Work Order # XXXX. The unit was found to have a significant gas leak an active explosive hazard. A photographic copy of this Red Tag has been submitted to Capital One as evidence. A " service '' that leaves a residential home in a documented explosive condition, verified by a government-regulated utility company, is by definition a total and complete failure of service not a service " rendered as described. '' 3. Merchant Denial of Government-Verified Hazard When I confronted XXXX XXXX XXXXXXXX XXXX XXXX XXXX with the official XXXX XXXX, the merchant denied the existence of the gas leak. Given that ( a ) a pregnant resident was living in the home, ( b ) the leak was verified by a government-regulated utility, and ( c ) the merchant refused to acknowledge a documented life-threatening hazard, I exercised my legal right to terminate the contract for cause. I could not safely permit a contractor who denies the existence of a documented gas leak to re-enter the premises. 4. Additional Remediation Costs Incurred I was forced to hire a second licensed contractor, XXXX XXXX, to remediate the hazard created by XXXX XXXX XXXX XXXX XXXX XXXX at an additional cost of {$600.00}. A copy of the XXXX XXXX invoice has been submitted to Capital One as evidence. 5. Fraud in the Inducement My completion signature was obtained through Fraud in the Inducement. I signed based entirely on the merchant 's false professional representation that the work was both legal ( properly permitted ) and safe. At the time of signing, I had no knowledge that the work was unpermitted or that a gas leak existed. A signature obtained through material misrepresentation has no legal force and does not constitute acceptance of services. CAPITAL ONE 'S FAILURE TO COMPLY WITH THE FCBA The FCBA and Regulation Z 1026.12 ( c ) provide cardholders with the right to assert Claims and Defenses against a card issuer when a merchant has engaged in fraud or delivered services that constitute a breach of contract. Capital One is required to conduct a reasonable investigation of the consumer 's claims before issuing a final determination. Capital One has failed this standard by : ( a ) Ignoring documented evidence of illegal, unpermitted gas-line work confirmed by city permit records ; ( b ) Ignoring the officiaXXXX XXXX XXXX `` DANGEROUS '' XXXX XXXX ( WO # XXXX ) documenting a gas leak ; ( c ) Failing to apply the legal standard that a contract for illegal services is void ; ( d ) Issuing a conclusory finding that " services were rendered as described '' without addressing the submitted evidence ; and ( e ) Effectively leaving a consumer unprotected after a documented life-safety event caused by a merchant 's illegal actions. Furthermore, on Wednesday, XX/XX/year> at approximately XXXX XXXX, I contacted Capital One by phone at XXXX regarding this dispute. A Capital One representative explicitly told me to " take this matter to court. '' This statement is itself evidence of Capital One 's failure to honor its FCBA obligations. Rather than conducting the reasonable investigation required by federal law, Capital One 's representative actively directed me away from my federal consumer protections and toward litigation effectively abandoning their statutory duty under 15 U.S.C. 1666i. I request that the CFPB direct Capital One to retrieve and review the recorded call from this date, time, and number as part of its investigation. RELIEF REQUESTED I respectfully request that the CFPB : Direct Capital One to conduct a compliant FCBA review of this dispute, specifically requiring Capital One to address the evidence of unpermitted work and the official utility Red Tag ; Direct Capital One to issue a full chargeback of {$2400.00} charged by XXXX XXXX XXXX XXXX XXXX XXXX ; and Review Capital One 's dispute handling practices for compliance with the FCBA 's Claims and Defenses provisions. EVIDENCE SUBMITTED TO CAPITAL ONE Color photograph of XXXX XXXX XXXX XXXX, Work Order # XXXX ( " DANGEROUS '' status ) XXXX XXXX XXXXXXXX permit records confirming permit was obtained after work was completed XXXX XXXX invoice for {$600.00} remediation of gas leak caused by XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with monetary relief