My fight with Capital One Credit card

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Capital One to pay $210 million in fines, consumer refunds

2012-07-18T10:18:00.001-07:00

http://money.cnn.com/2012/07/18/pf/capital-one-refund/index.htm

NEW YORK (CNNMoney) -- In its first public enforcement action, the Consumer Financial Protection Bureau announced it is fining Capital One Bank for pressuring and misleading two million customers into buying additional products when they opened their credit card accounts.
The bank will refund roughly $140 million to customers and pay an additional $25 million penalty to the CFPB for using deceptive marketing tactics, the government's consumer watchdog said Wednesday.
Capital One (COF, Fortune 500) will also pay the Office of the Comptroller of the Currency a $35 million penalty and refund an additional $10 million to customers for unfair billing practices. The two actions combined bring the bank's total payout to $210 million.
The CFPB said that Capital One, one of the nation's largest credit card lenders, pressured and misled consumers into paying for "add-on products" like payment protection and credit monitoring when they activated their credit cards.
The CFPB said that consumers with low credit scores or low credit limits were sometimes led to believe that the product would improve their credit scores, were misinformed about the cost and were told that purchasing the product was required. Some were even enrolled without their consent.

Capital One recently removed my PARKED account from Law firm.

2010-10-01T11:17:00.000-07:00

As a result of this Blog and Video posted on YouTube, Capital one recently removed PARKED account from Law firm and placed to their Account recovery Dept. They even recently sent me a bill with updated balance which I never agreed. As I stated in my blog, Capital One went to court in Dec 2009, but was unable to establish claim and case was dismissed in April 2009.

But Capital One is still reporting this account to all 3 credit Bureaus in violation of FEDERAL CREDIT REPORTING ACT § 603 (d)(2). There exists no written, oral or electronic evidence of any signed credit card agreement between me and Capital One that authorizes them to to report me and the account to credit reporting agencies.

Capital One failed to produce in court and in written communication with me Credit Card Agreement, Privacy Notices, Electronic Evidence or other instruments bearing my signature in which proves that I have agreed to their “Terms and Conditions.

As stated on Page 6 of “Credit Card Agreement for Consumer Cards in Capital One Bank USA” if agreed by cardholder, only authorizes Capital One to report account to Credit reporting agencies. ”.

What does FCRA Section 603(d)(2) states - 2) Exclusions. Except as provided in paragraph (3), the term "consumer report" does not include (A) subject to section 624, any (i) report containing information solely as to transactions or experiences between the consumer and the person making the report;

Capital One recently sent me 2 letters dated 08/18/10 and 08/23/10

2010-08-31T12:40:00.000-07:00

2010-08-23T07:58:00.000-07:00

Ms. Kiana from Capital One Fraud Dept called Aug 18, 2010. She admitted that Capital One has no written or electronic documents proving that I signed their Credit Card terms and conditions and Privacy Notices . But she defended Capital One's position reporting this account to Credit Bureaus even Capital one is not legally authorized to do so.