Capital One fraud claims class action lawsuit overview:
- Who: Leah Walton filed a class action lawsuit against Capital One N.A.
- Why: Walton claims Capital One breaches its contract with account holders by rejecting fraud claims without properly investigating the.
- Where: The Capital One class action lawsuit was filed in California federal court.
Capital One denies account holders’ fraud claims without conducting a “proper” investigation, a new class action lawsuit alleges.
Plaintiff Leah Walton’s class action lawsuit claims Capital One “mechanically rejected” her fraud claim relating to nearly $1,500 in alleged unauthorized debit card charges without performing a “reasonable” investigation.
“Capital One’s superficial rejection of Plaintiff’s bona fide fraud claim without conducting a proper investigation and the use of form denial letters without any written explanation or supporting documentation violates federal law,” the Capital One class action says.
Walton wants to represent a nationwide class and California subclass of Capital One checking account holders who were denied reimbursement after submitting a timely notice to the bank about one or more unauthorized charges on their account.
Capital One fraud claims rejected by company despite lack of ‘factual findings,’ class action claims
Walton argues Capital One, after denying her fraud claim — which she alleges was backed by “substantial” factual proof — issued form denial letters “devoid of any factual findings or documentation from its alleged investigation.”
“If a financial institution like Capital One denies a fraud claim, it must provide a substantive written explanation of its findings and must make the supporting documentation available to any consumer who requests it,” the Capital One class action says.
Walton claims Capital One is guilty of breach of contract —including breach of the covenant of good faith and fair dealing — and violating California’s Unfair Competition Law.
The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of actual, statutory and treble damages for herself and all class members.
Capital One recently agreed to pay $16 million to put an end to claims the banker charged its account holders unlawful fees for returned check or ACH debit transactions.
Have you ever been denied compensation following a timely fraud claim to Capital One? Let us know in the comments.
The plaintiff is represented by Scott Edelsberg of Edelsberg Law, P.A and Jeffrey D. Kaliel and Sophia G. Gold of KalielGold PLLC.
The Capital One fraud claims class action lawsuit is Walton, et al. v. Capital One, N.A., Case No. 5:24-cv-02788, in the U.S. District Court for the Northern District of California.
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45 thoughts onCapital One class action claims bank rejects fraud claims without proper investigation
Capital One during there data breach released my ssn, account numbers, passwords, address, birthday, and much more. There were fraudulent charges on my account that I didn’t recognize. I filed several disputes and nothing was done. I was rejected so I stopped paying that card. I’m not going to pay almost $1000 of fraudulent charges! I want to join in on this class action. How do I do so?
I have a fraudulent incident against Capital one that I would like representation on with a secured credit card.
CAPITAL ONE also failed to give me the documents when i requested to see the documents the merchant providef in a fraudulent case I filed, for $700 saying the merchant verified the transaction. My account is still in the red because I refused to deal with them after they want protect my funds from fraudulent activity.
Capital one did the exact same thing to me a few years ago amounting to about $1900. Then when my tax check was accidentally sent to them by the IRS, they took that from my refund without my permission after they’d already closed my account years ago, and never contacted me to tell me they had my funds. It wasn’t until I contacted the IRS did I find out they’d received my check.
I knew something was up when my claims were denied. Capital one is horrible for doing this to its consumers. They have stole over $1000s of dollars from me with never investigating rather asking me to investigate and submit proof. How would I have proof of purchase when I never made the transactions.
I have a few fraudulent on my capital one card
I’ve had 3 issues with fraudulent charges on my capital one debit acct and/or my cap one Amazon store card which I’m getting ready to file now! If I don’t receive proper handling of these cases I guess I will just have to change bank access and I don’t want to have to do that! It’s difficult getting my info changed on ALL my accts & my SSDI direct deposit. But this is too much. It seems my money isn’t protected at all?!
Capital One refused to correct their error in a full payment of my card and a balance transfer that charged me interest for over a year. They said they were not gonna to do anything! Never sent me any paperwork to my complaint or their findings with explanation. Several associates I spoke with said they could see the error and it should be fixed. But the manager still denied any wrong doing and would not correct the problem.
Add me would not close my account after I report fraud
I have had several refusals that were properly documented.
I want in on capital one lawsuit..it won’t let me post