Capital One Credit Card Class Action Settlement

Capital One has agreed to pay $10.5 million to resolve claims that they violated the terms of bankruptcy discharges in relation to consumer credit card accounts.

The settlement benefits consumers who had a Capital One credit card account, whose debt related to that account was charged off and sold to a debt buyer after Jan. 1, 2008, and who (after the debt sale) had their debt discharged as part of their bankruptcy through March 22, 2016.

Plaintiff Orrin Anderson filed a lawsuit against Capital One in bankruptcy court in July 2015, claiming that the lender failed to comply with the term of his bankruptcy discharge.

Anderson alleged that Capital One failed to update relevant credit information on sold accounts and provide that information to credit reporting agencies after the accounts were discharged in bankruptcy.

The plaintiff reportedly filed for bankruptcy relief in January 2014 and secured a discharge of his debt in May 2014. In June 2015, Anderson moved to reopen his bankruptcy and later filed his class action complaint against Capital One.

According to settlement documents, the parties have engaged in “extensive discovery,” including the exchange of written requests, sworn testimony, and almost 300,000 pages of documentation. Capital One has agreed to settle the claims against them but does not admit any wrongdoing.

If Class Members made a payment on their sold Capital One credit card account after they received a discharge from bankruptcy court and did not receive a refund, they may be entitled to a full refund of that amount through the Capital One settlement. These consumers should complete a reimbursement Claim Form. Other consumers who believe they are entitled to monetary compensation can complete a distribution Claim Form online.

As part of the settlement, Capital One has also asked TransUnion, Equifax, and Experian to delete records of Class Members’ relevant Capital One credit card accounts.

If Class Members still see this information on their credit report, they can submit a written request by Sept. 11, 2019 to have this information removed.

In order to receive payment under the settlement, Class Members need to file a valid claim online or through the mail by Sept. 11, 2019. The deadline for exclusion and objection was Aug. 9, 2019. The final approval hearing is scheduled for Sept. 11, 2019.

Who’s Eligible

Consumers who had a Capital One credit card account, whose debt related to that account was charged off and sold to a debt buyer after Jan. 1, 2008, and who (after the debt sale) had their debt discharged as part of their bankruptcy through March 22, 2016.

Potential Award

A full refund of any payments made on a sold Capital One credit card account after bankruptcy discharge. Additional compensation may also be available.

Proof of Purchase

Documentation of claim (canceled checks, account statements, other proof).

Claim Form

CLICK HERE TO FILE A CLAIM »

A Notice ID is required to submit a claim online. Distribution and reimbursement Claim Forms can also be printed, filled out, and mailed to the settlement administrator.

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.

Claim Form Deadline

9/11/2019

Case Name

Anderson v. Capital One Bank USA NA, Case No. 15-08342-RDD, in the U.S. Bankruptcy Court for the Southern District of New York

Final Hearing

9/11/2019

Settlement Website

www.AndersonCapitalOneSettlement.com

Claims Administrator

Anderson Settlement Program
c/o BrownGreer PLC
P.O. Box 25428
Richmond, VA 23260
1-(888)-627-9594

Class Counsel

George Carpinello
Adam Shaw
BOIES SCHILLER FLEXNER LLP

Charles Juntikka
CHARLES JUNTIKKA & ASSOCIATES

Defense Counsel

Joseph L. Noga
Laura MacDonald
JENNER & BLOCK LLP

Joel H. Levitin
Samuel G. Mann
CAHILL GORDON & REINDEL LLP

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