Capital One ATM Fees Class Action Settlement

UPDATE: The Capital One ATM Fees Class Action Settlement was granted final approval on January 21, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Capital One has agreed to pay $13 million to resolve claims that they wrongfully charged ATM fees on out-of-network balance inquiries.

The settlement benefits current and former Capital One customers who were charged out-of-network balance inquiry ATM fees between April 6, 2008 and June 30, 2020, depending on the state in which the account was established. Connecticut, Delaware, District of Columbia, Louisiana, Maryland, New Jersey, New York, Texas and Virginia accounts are eligible for the settlement.

Plaintiffs in the Capital One ATM fees class action lawsuit claimed they were improperly charged out-of-network balance inquiry fees when using a non-Capital One ATM. According to the accountholders, these ATM fees violated Capital One’s contractual terms.

Plaintiff Jacob Figueroa says he withdrew $20 from an out-of-network ATM in April 2015 and was charged $7 in fees for the transaction. Figueroa says he was charged a $3 fee for the cash withdrawal but was charged two additional $2 fees for his balance inquiry and cash withdrawal.

“Not only does the non-Capital One ATM operator charge the consumer a fee for the use of its ATM, a charge which now averages $3, but Capital One charges [an out-of-network fee] for a cash withdrawal as well – a punishing double-fee on accountholders that can rise to a total of several dollars for simply accessing their money,” the Capital One ATM fees class action lawsuit contended.

Capital One has not admitted any wrongdoing but has agreed to resolve the claims against them in a $13 million settlement. In addition to covering attorneys’ fees, court costs and administration expenses, the settlement will provide plaintiff service awards of $10,000 and benefits to Class Members.

Under the terms of the settlement, Class Members will receive either cash payments or account credits. The amount of each payment or credit isn’t currently available, as they will depend on the number of Class Members who participate in the settlement and the total number of ATM fees charged to Class Members.

No claim form is required to participate in the Capital One ATM fees class action settlement. Instead, Class Members have the opportunity to object to the settlement or exclude themselves in order to retain their legal claims against the bank.

The deadline for exclusion and objection from the Capital One ATM fees class action settlement is Oct. 26, 2020. The final approval hearing for the settlement is Jan. 11, 2021.

Who’s Eligible

Capital One customers who were charged out-of-network balance inquiry ATM fees during the following periods:

• For accounts established in Louisiana: from April 6, 2008 to June 30, 2020;
• For accounts established in Connecticut, New York and New Jersey: from April 6, 2012 to June 30, 2020;
• For accounts established in Virginia: from April 6, 2013 to June 30, 2020;
• For accounts established in Texas: from April 6, 2014 to June 30, 2020;
• For accounts established in the District of Columbia, Maryland and Delaware: from April 6, 2015 to June 30, 2020.

Potential Award

Cash payments or account credits.

Exact payment amounts will vary, depending on the number of Class Members who participate in the settlement and the total number of ATM fees charged to Class Members.

Proof of Purchase

N/A

Claim Form

There is no Claim Form for this settlement. Class members with further questions can click here for more information.

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Exclusion Deadline

10/26/2020

Case Name

Jacob Figueroa, et al. v. Capital One N.A., et al., Case No. 3:18-cv-00692-JM-BGS, in the U.S. District Court for the Southern District of California

Final Hearing

1/11/2021

Settlement Website

www.ATMBalanceInquiryFeeSettlement.com

Claims Administrator

Settlement Administrator
ATM Balance Inquiry Fee Settlement Program
c/o BrownGreer LLC
P.O. Box 26387
Richmond, VA 23230
1-888-716-1219

Class Counsel

Edwin J. Kilpela
Todd D. Carpenter
Brittany C. Casola
CARLSON LYNCH SWEET KILPELA & CARPENTER LLP

Jeffrey D. Kaliel
Sophia Gold
KALIEL PLLC

Richard D. McCune
Jae (Eddie) K. Kim
MCCUNE WRIGHT LLP

Taras P. Kick
THE KICK LAW FIRM

Defense Counsel

Hunter Eley
Evan M. Ladd
DOLL AMIR & ELEY LLP

Read About More Class Action Lawsuits & Class Action Settlements:

Washington Federal Bank May Charge Unfair Overdraft Fees

Tide Class Action Lawsuit Says PurClean Laundry Detergent Isn’t So Pure

Calif. Chase Bank Wage and Hour Class Action Settlement

Calif. ExxonMobil Refinery Wage & Hour Settlement