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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
Summary if between 15 September 2015 and 1 January 2022 an individual submitted for payment either digital ACH or physical paper check and the account was insufficient a fee would typically be charged. Typically the payee would resubmit for payment so the payment is then re-presented. It is the action taken after the payment is re-presented that determines if you are disparate and entitled to a portion of the cash for remedy. Capitol One it appears is self regulated in creating and providing a registry of individuals qualified and date of distribution. Current customers will receive their distribution reflected in their Capitol One account balance noted as a credit. Individuals who are no longer account holders will receive paper checks via USPS. As I understand there is no registry access so leaving add me here will not resolve. If my assessment is correct the best one could do is call customer service and have your account tagged and follow up from time to time. If I am incorrect please let me know and Add Me! 19 yrs an account holder and current.
Add me
yeah they did me wrong and still doing whatever they please impulsive I tell you Iโd like to be added to the settlement this is some of what they did to me and now Iโm on an account with my fiance and itโs hell they some bullyโs we so stressed and hurt constantly that we just donโt even know whatโs next anymore nor wth to do from here right now! ๐ God will at some point set the wrong things rightโฆ
Please add me.
Please add me to settlement.
Add me to the class action Capital One lawsuit. I had a credit card with them for several years.
I would like to be added to this
I would like to be added
Id like too be added to the settlement been a member for multiple years
Put me in the settlement
Put me in
I have been a long time capital1 customer for 6 years please put me on this settlement thank you, Kristina Zacarias