Abraham Jewett  |  May 16, 2024

Category: Banking News
Close up of illuminated Capital One signage at night, representing the Capital One class action.
(Photo Credit: Victor Maschek/Shutterstock)

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

  1. Derrick Adewunmi says:

    Happened to me more than once and In fact had to show them I’m a fighter when they tried to take no responsibility for 22k fraudulent charge on my card. I reported the issue to many authorities including FTC. FBI, SEC, IC3 and others . But the authority that got my money back for me was a “@chainabusealert “ cybersecurity team on instagram. They took my car facts and simply exposed the facts and Capital one’s negligence . I got a check for my full amount lost .

    1. Zaheen says:

      Thank you . They were helpful

  2. John says:

    I have been fighting them since January regarding fraudulent charges that took place from October – January for over $13k in charges. I even called all the merchants on my own time and each indicated to dispute with bank they will refund and that no one from capital one ever contacted them to investigate any charges

  3. Edward Fast Schaffitz says:

    I also have money that’s being held by capital one with no timeline on when they will release it. They claim that it’s still under investigation. I had a client pay me and then attempted to say they didn’t authorize the transaction

  4. Betty Ferguson says:

    add me i have two cards and i paid it through and i filed bankrutic chpter 13 oct 2023 and the lawyer took care of it and they call me all the time telling me my social security and some one is charge on my card

  5. Damion Woodring says:

    I’ve had this happen more than once. Just last Christmas was the last time.

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