By Sarah Mirando  |  October 23, 2012

Category: Legal News
Follow us on Twitter and Facebook for the latest Class Action Lawsuit Settlement News!

Capital One ‘0% Balance Transfer Offer’ Class Action Lawsuit

By Kimberly Mirando

 

Capital One balance transferA federal class action lawsuit claims Capital One tricks credit cardholders into accepting a “0% balance transfer” offer that leaves them worse off than they were before taking the so-called “chance to save.”

Lead Plaintiff Priscilla Barton alleges in the Capital One class action lawsuit that the company makes “deceptive representations and omissions surrounding its 0% balance transfer offers,” including by eliminating the 25-day grace period that Capital One promises customers will have to pay their “new balance” without interest.

“Numerous times every year, Capital One solicits its cardholder base to take 0% balance transfers,” the class action lawsuit states. “Capital One markets the balance transfers as a ‘chance to save’ — a means for the cardholder to pay off higher interest loans owed to other creditors. Capital One promises that these balance transfers will carry 0% interest for six or twelve months. To accept a balance transfer offer, all a cardholder has to do is use one of the ‘convenience checks’ which come attached to the offer. Capital One promises that it will segregate the transferred balance from other segments of the cardholder’s account.”

However, unbeknownst to consumers, “once a cardholder accepts Capital One’s ‘0% interest’ balance transfer offer, Capital one unilaterally, and in breach of the cardholder agreement, eliminates the grace period and begins charging interest on all new purchases from the date of the balance transfer forward,” the Capital One balance transfer class action lawsuit says.

Capital One does not disclose that it will eliminate the grace period for cardholders and subject them to high interest charges, nor does it disclose that the only way for these cardholders to avoid interest charges on new purchases once they accept the 0% balance transfer offer is to pay the full amount of these purchases plus the full amount of the balance transfer — in the same month that the cardholder accepted the balance transfer, even though the promotional period on the 0% percent offer was for 6 or 12 months.

“Contrary to the simple ‘chance to save’ that Capital One represented the balance transfer would provide, and that cardholders paid for, many cardholders who accepted these offers found themselves worse off than they were beforehand,” the class action lawsuit says.

The Capital One balance transfer class action lawsuit is seeking restitution and compensatory and statutory damages for alleged breach of contract, breach of faith, unfair competition, and violations of the federal Credit Card Accountability, Responsibility and Disclosure Act (CARD Act) and the California Unfair Competition Law (UCL). It is also seeking an injunction barring Capital One from further deceptive marketing regarding its 0% balance transfer offer.

The Capital One 0% Balance Transfer Offer Class Action Lawsuit case is Priscilla Barton v. Capital One Bank, Case No. 12-cv-5412, U.S. District Court, Northern District of California.

Barton is represented by Shana Scarlett of Hagens Berman Sobol Shapiro.

 

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

 

Updated October 23rd, 2012

 

All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions

LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2012 Top Class Actions® LLC
Various Trademarks held by their respective owners

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.