Anne Bucher  |  July 16, 2014

Category: Closed Class Actions

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This settlement is closed!

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Capital One class action lawsuit

Capital One Bank USA NA has agreed to pay $3 million to settle a class action lawsuit alleging the bank illegally recorded outbound customer service calls. If you received a telephone call from Capital One between July 13, 2006 and March 31, 2012 and you were not notified that the call may be monitored or recorded, your rights could be affected by the class action settlement.

The Capital One class action lawsuit alleges that telephone calls made by representatives of Capital One regarding credit card accounts were recorded or monitored without providing verbal notice that the calls may be recorded or monitored.

Capital One denies the allegations but has agreed to settle the call recording class action lawsuit to avoid the burden, expense and uncertainty of further litigation.

Under the terms of the call recording class action settlement, Capital One will pay a total of $3 million in the form of credits on Capital One credit card statements, forgiveness of debt owed to Capital One, and cash to create a common fund.

Who’s Eligible

You are a Class Member of the call recording class action settlement if you received a telephone call from Capital One between July 13, 2006 and March 31, 2012 while you were in California, Florida, Maryland, Nevada or New Hampshire, and were not provided with notice that the call may be recorded.

Potential Award

The actual amount received by each Class Member will depend on the number of timely and valid claim forms submitted.

UPDATE: On Jan. 19, 2016 readers began reporting they were receiving checks in the mail from the Capital One call recording class action settlement. Congratulations to everyone who submitted a valid claim and got PAID!

Proof of Purchase

N/A. Class Members must provide the telephone numbers at which they received the telephone calls and the approximate dates the calls were received. Class Members must attest under the penalty of perjury that the information submitted in the Claim Form is true and correct.

Claim Form Deadline

10/7/2014

Case Name

Stanley Nader v. Capital One Bank USA NA, Case No. 2:12-cv-01265-DSF-RZ, in the U.S. District Court for the Central District of California

Final Hearing

11/3/2014

NOTE: According to a post on the settlement website, the Capital One call recording settlement received final approval on Nov. 17, 2014. 

Claims Administrator

Nader v. Capital One Bank (USA) NA Settlement Administrator
P.O. Box 25219
Richmond, VA 23260
1-888-346-6227
SettlementAdministrator@TelephoneRecordingSettlement.com

Class Counsel

KIESEL LAW LLP

LAW OFFICES OF KENNETH M. LIPTON

THE WENTZ LAW FIRM

COHEN MILSTEIN SELLERS AND TOLL PLLC

KEARNEY LITTLEFIELD LLP

RINGLER & ASSOCIATES

Defense Counsel

DLA Piper LLP

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27 thoughts onCapital One Call Recording Class Action Settlement

  1. Deb says:

    I just spoke with someone from the Nader v. Capital One Bank (USA) NA Settlement Administrator and they said if the check has not been received then they are sending more out on 01/24/2016.

    1. Karen says:

      That’s a Sunday???

  2. Carol says:

    I received my check for $56,56 today. I still have a balance due with them, do I have to pay it?

  3. Danny says:

    $56.56 Nevada :) Jan 19, 2016

  4. J says:

    Received $56.56 in Florida today :)

  5. Top Class Actions says:

    UPDATE: On Jan. 19, 2016 readers began reporting they were receiving checks in the mail from the Capital One call recording class action settlement. Congratulations to everyone who submitted a valid claim and got PAID!

  6. Ms. A says:

    Received $56.56 today in Atlant, Georgia

  7. Luka says:

    Received $56.56 in California today

  8. Susan says:

    This is an official communication from the Settlement Administrator for the Nader v. Capital One Settlement Program.
    Thank you for your email. The appeals have been resolved and the Settlement Program intends to issue payments to Authorized Claimants soon. The Settlement Program website, http://www.telephonerecordingsettlement.com, will be updated with additional information when it becomes available.
    If you have additional questions about the Nader v. Capital One Settlement Program or need additional assistance, you may call us at our Claimant Communications Center at 1-888-346-6227, or visit http://www.telephonerecordingsettlement.com. If you are a claimant and are represented by an attorney, you should contact that attorney for information on your claim and the program.
    Settlement Administrator
    Nader v. Capital One Settlement Program
    SettlementAdministrator@telephonerecordingsettlement.com
    Telephone: (888) 346-6227
    http://www.telephonerecordingsettlement.com
    This electronic mail is intended to be received and read only by certain individuals. It may contain information that is privileged or protected from disclosure by law. If it has been misdirected, or if you suspect you received this in error, please notify me by replying and then delete this message and your reply. These restrictions apply to any attachment to this email.

  9. Susan says:

    The appeal must be over because the website is now saying this
    On November 17, 2014, the United States District Court for the Central District of California granted Final Approval of the Nader v. Capital One Bank (USA), N.A. Settlement. You may read the Court’s order here.

  10. Top Class Actions says:

    UPDATE: According to a post on the settlement website, the Capital One call recording settlement received final approval on Nov. 17, 2014. However, there is an appeal pending and the distribution of settlement funds cannot be made until the appeal is resolved.

    1. Stephen Kinney says:

      Who is appealing? This was announced as a final approval of the settlement. I interpret that to mean that both sides have agreed, and the court has cleared all issues between the parties. When I contacted the administrator, I was given a cryptic answer to the effect that the defendant is the only one who would appeal. Can someone explain this?

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