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Capital One agreed to pay $16 million to resolve claims it charged unlawful fees for returned check or ACH debit transactions.
The settlement benefits current and former Capital One account holders whom the bank charged a representment fee between Sept. 1, 2015, and Jan. 12, 2022.
The settlement agreement defines a representment fee as โan unrefunded [nonsufficient funds] NSF Fee or an Overdraft Fee charged to an account holder for either a Represented Check or Represented ACH, after Capital One had returned that Check or ACH for insufficient funds and assessed an NSF Fee on a prior presentment of that Check or ACH.โ
According to plaintiffs in the class action lawsuit, Capital One violated its account terms by failing to refund NSF fees or overdraft fees it charged for represented check or ACH transactions. These fees should have been refunded once the customers presented checks and ACH debits for payment, the plaintiffs contend.
Capital One is a bank and lender that offers checking accounts, savings accounts, auto loans and other types of accounts.
Capital One hasnโt admitted any wrongdoing but agreed to a $16 million settlement to resolve the class action lawsuit.
Under the terms of the settlement, class members can receive a pro rata share of the net settlement fund based on the number of eligible fees they were charged during the class period. Current account holders will receive their share of the settlement fund as an account credit, while former account holders will receive a physical check.
The deadline for exclusion and objection is June 17, 2024.
The final approval hearing for the settlement is scheduled for July 15, 2024.
No claim form is required to benefit from the settlement. Class members who do not exclude themselves will automatically receive a settlement payment.
Whoโs Eligible
Current and former Capital One account holders whom the bank charged a representment fee between Sept. 1, 2015 and Jan. 12, 2022.
Potential Award
Varies
Proof of Purchase
N/A
Exclusion Deadline
06/17/2024
Case Name
McNeil v. Capital One Bank NA, Case No. 1:19-cv-00473-NRM-TAM, in the U.S. District Court for the Eastern District of New York
Final Hearing
07/15/2024
Settlement Website
Claims Administrator
Bob McNeil v. Capital One Settlement Administrator
1650 Arch Street, Suite 2210
Philadelphia, PA 19103
[email protected]
844-727-1045
Class Counsel
Jeff Ostrow
Jonathan Streisfeld
Daniel Tropin
KOPELOWITZ OSTROW PA
Jeffrey D Kaliel
Sophia G Goldย
KALIELGOLD PLLC
Andrea R Gold
TYCKO & ZAVAREEI LLP
James Pizzirusso
HAUSFELD LLP
Defense Counsel
ORRICK HERRINGTON & SUTCLIFFE LLP
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501 thoughts onCapital One check, ACH fees $16M class action settlement
I had two capital one credit cards and one auto loan during this time period.
I have had a Capital One account for a long time
What other class suits are going on with Capital One? My husbandโs CC was cancelled last Nov 2023, after they suspended it, saying he needed to re-send all information he initially opened the account with years ago. After sending 2 xโs, they never responded and closed his account! He had ZERO balance on his card with a $30,000 limit and used ONLY that card for literally ALL purchases. He amassed points on this CABELAโS BLACK CARD and had over $900 in points when THEY closed the account and took back the points he earned! His credit is excellent and NEVER a late payment on his account. They could not provide an answer as to why they were doing this. His address has been the same for 45 years, he is a 100% disabled Marine Veteran, and sent them ALL copies they asked for 2 times, then the cut all communication. THEY STOLE THIS MONEY FROM A 74 YO DISABLED VETERAN!! Donโt care to to business with them again as we have CCโs from our credit Union with lower interest rates and line of credit. This is just wrong for this dishonest company to be able to steal from ANYONE!
Be careful with these big class action lawsuits. Iโve been โaddedโ to 3 or 4 of these (Verizon, Mariott,
T-Mobile, Wells Fargo and 1 more). Theyโll call you and get a LOT of โinformationโ, copies of email, text and any other โinformationโ they feel they can use. Then after a few months of interviews and โinformationโ gathering, theyโll call you (and then send you a letter) stating that you wonโt be part of the lawsuit. What theyโre doing is a form of โBait and Switchโ. They tell you that youโll be part of these lawsuits but actually what theyโre doing is getting โinformationโ from as many people as they can but using it as evidence for their real clients. They have no intention of โaddingโ anyone to these lawsuits since it takes away from how much their real clients (and their law firms) will actually make. Just a word of warning and advise so no one else gets used and dumped in the future. Just stick to the product lawsuits where you actually get a few dollars or so back. If you feel you have an actual case find your own lawyer, one who has YOUR interest at heart and not some website full of lawyers who are harvesting information from victims for free.
Excellent advice!
Add me have cap1 card.
I had a capital one checking account within the time frame
Please add me. Iโve been an account holder since 2016.
I have had Capital One accounts since 2015,
Capitol One charge cards for years. Add me please.
I had a Capital One 360 checking account is it considered in the class action case.