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Capital One Bank NA has agreed to pay $3 million to settle a class action lawsuit alleging the bank illegally recorded outbound customer service calls.
Multiple class action lawsuits, which were later consolidated, were filed by Capital One cardholders who claim they received telephone calls from the company, which were recorded without their knowledge or consent. The plaintiffs claim that Capital One’s failure to inform them that the calls were being recorded violated California’s Privacy Act, as well as similar statutes in Florida, Maryland, Nevada and New Hampshire.
Capital One filed a motion to dismiss the consolidated class action lawsuit. Its motion was granted in part and denied in part. Subsequently, the plaintiffs filed an amended complaint. Although Capital One again sought the dismissal of the class action lawsuit, their motion was denied. The parties commenced settlement negotiations in attempt to resolve the dispute.
On Monday, the plaintiffs filed a motion with the court seeking preliminary approval of the class action settlement and certification of the Settlement Class. “Rather than needlessly expend both party and judicial resources in litigating this matter any further, the parties in this action engaged in settlement negotiations so that if this matter could be resolved on a classwide basis, such relief could be provided in an expeditious and economical fashion,” the plaintiffs wrote.
Under the terms of the proposed class action settlement, Capital One has agreed to create a $3 million fund to pay claims for the alleged violations of state privacy statutes to Class Members. Capital One will also pay the costs associated with providing notice of the class action settlement as well as the costs associated with claims administration. Individual awards will be divided equally among the Class Members after the fees and costs are deducted.
Class Members of the proposed class action settlement include all persons in California, Florida, Maryland, Nevada and New Hampshire who received at least one phone call from Capital One and spoke with a company representative between July 13, 2006 and March 31, 2012, without being informed that the call may be recorded or monitored.
“Under the Settlement, Class Members who make claims will be compensated for the telephone calls they claim were recorded without notice or consent,” the court documents state. “Thus, the amount offered in settlement, arrived at after intensive arm’s-length negotiations, is a significant recovery for the Class in light of the risks of further litigation and Capital One’s likely defenses.”
A hearing for the preliminary approval of the class action settlement has been scheduled for April 21, 2014.
The plaintiffs are represented by Paul R. Kiesel, Jeffrey A. Koncius and Matthew A. Young of Kiesel Law LLP; Andrew N. Friedman and Douglas J. McNamara of Cohen Milstein Sellers & Toll PLLC; Richard B Wentz and Jean M. Wentz of The Wentz Law Firm; Michael D. Braun of Braun Law Group PC; Kenneth M. Lipton of Law Offices of Kenneth M. Lipton; Thomas A. Kearney and Prescott W. Littlefield of Kearney Littlefield LLP; and Jerome L. Ringler and Catherine Burke Schmidt of Ringler & Associates.
The Capital One Call Recording Class Action Lawsuit is Stanley Nader v. Capital One Bank NA, et al., Case No. 2:12-cv-01265, in the U.S. District Court for the Central District of California.
UPDATE: Instructions on how to file a claim for the Capital One call recording class action settlement are available here.
UPDATE 2: 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.
UPDATE 3: 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!
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55 thoughts onCapital One Agrees to $3M Class Action Settlement over Call Recording
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there was no form for me to fill out, but I would like to be added to the Suit. Thank You.
Please provide registration info for Capital One Class Action Lawsuit
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Grace of Edinburgh, Other on May 29, 2014
Satisfaction Rating
1/5
Hi, my brother passed away 2 years ago. He didn’t owe Capital One a considerable amount of money. I thought I was doing the right thing in contacting them – bad mistake!!! I have had endless letters for Capital One asking for a rundown of money my brother had… I phoned them and told them he had no savings and we as a family paid for his funeral – we had to sell all his belonging to save a little in funeral costs. They ignored this and said to close his account they need this information! I’m so angry at this company. How can they live with themselves? My brother died 2 years ago and I’m still being reminded. They’ve no idea how much this hurts me.
Amber of Victorville, CA on May 24, 2014
Satisfaction Rating
5/5
I have been a customer just over a year ago. My credit limit was $300, then like the credit steps letter said, it increased to $500. Now I asked online. l got $2500. I did nothing special even had 80 percent util. sometimes but I did pay every month and carried a balance. So I’m very thankful for all they’ve done for me. I now can’t wait for it to hit my credit score.
L. of Austin, TX on May 20, 2014
Satisfaction Rating
1/5
Where do I start? This bank routinely messes up my payments (I use their automatic system). Then when I try to get them to straighten it out – they have actually told me it was my obligation to figure out what they did wrong – no lie – just had that happen. They then charge me a late fee because their system didn’t record my payments. They have so screwed up my account that they have cancelled my house insurance payments so that my house was uninsured and I didn’t know it (totally their mistake). I really could go on and on.
I am on the phone with them constantly to straighten out my account or payments. Their customer service is so ill trained that I have to go to a manager to get correct information. The most unbelievably incompetent bank I have ever dealt with. I’m transferring my money to another bank.
Brad of Salt Lake City, UT on May 8, 2014
Satisfaction Rating
1/5
I’m the owner of a small business. A former employee of my business stole a SPARKS Capital One business card from me and used it for many months. Capital One disclosures say that they will contact me regarding suspicious activity on my account and reimburse me for all fraudulent charges made on my card. This is simply not true! This card had been inactive for 3 1/2+ years and should’ve been closed by Capital One but wasn’t. She somehow gained access to a card, enabled the card, requested a PIN and immediately began shopping and requesting cash. There were many months she was even late on payments. As the primary cardholder, I was never contacted by Capital One – this could’ve ended months of fraud. I contacted my local police department and Capital One immediately when I was made aware of this fraud.
Capital One has been most difficult to work with. My wife and I have been treated rudely, many times our calls have been ignored and Capital One has done everything except to take responsibility. It has been almost 4 months since this was reported to Capital One and we are still getting the run around and Capital One still has not taken ANY responsibility. Is this really how companies do business?
Lesly of Citrus Heights, CA on May 7, 2014
Satisfaction Rating
1/5
I called the Customer Service number and politely asked if the person I was speaking with was in the United States. She said no, so I asked to be transferred to a rep who was. She was very rude and kept telling me that she is not able to do this. I refuse to speak to people out of the U.S. to conduct business. After sitting on hold for several minutes, my call was disconnected. I am very mad that Capital One has subjected me to such rude, uncomprehending people that cannot help me in any way with my account.
Related: Consumer complaints about Capital One Mortgage
Leo of Kings Mt, NC on April 30, 2014
Satisfaction Rating
1/5
Well as anyone knows, with bad credit you really are nobody. So I decided to ask Cap One for a credit rebuilding card which was the one that has a 300 limit. I could have gone with another card but at a high interest rate of 36%. But Cap One has one at a still high rate of 29% which is a lot better plus no big 95 dollar fee to open. Pay 29, 49, or 200 and have a line of credit. Well to make a long story short, I was turned down 3 to 4 times, all the while Cap One was pulling down my credit score. That’s all they would say was…. Well if you are not approved for this card try again and again. Called to ask why and they dredged up some stuff from my past that had to be 5, 7 to 10 years old and some lame thing about not having revolving credit. Well Cap One, if you got bad credit who in the world is going to take you?.. It was my impression that’s what a rebuilding credit card is for. I have seen people on unemployment, illegal aliens, drug dealers have this card. Even my cousin who is in jail for embezzlement was given one. Do you think i don’t know how it works?.. A person gives you 75 dollars for, well let’s say 200 dollars line of credit.
But here’s what I am after, they report to 3 big thugs of the credit world who have cornered the market and without them you get nothing. Credit now is the new cash in America. By the way Cap One, if I had good credit and didn’t need you, I so would not come a knocking on your door.. The way I see it, if I had good credit I would not need you like you are trying to tell me. YOU DON’T NEED OR WANT MY BUSINESS. Because I am a credit risk for a whopping 300 dollars minus the first payment which in turn makes the loan 200. Gee whiz, Cap One that’s what I call penny pinching to the extreme. Well folks, GOOD luck to me for I will need to get a credit card from the COMMERCE BANK OF BEVERLY HILLS MR DYSDALE.
df of Ricarhdson, TX on April 25, 2014
Consumer Increased Rating!
1/52/5+1
So capital one insisted that they received less than what I wired. I will need to track the source more. Regardless, they still charged me 15 dollars per wire, which was more than 10 dollars, which is what the lady who opened my account told me. Capital One should publish the fee schedules and make it clear.
df of Ricarhdson, TX on April 25, 2014
Original Review
I made two wirings into my Capital One checking account to pay bills, and apparently the wirings were short by 25 dollars each. Capital One then charged me 15 dollars on top of the wirings each, so I was charged a total of $40 per incoming wiring. I contacted my original bank and was confirmed that they indeed posted the full amount, as my outgoing charges were posted on a different account that I maintain in my original bank. I am hoping that Capital One would call me back and solve this issue. This is blatant stealing.
Theresa of Soquel, CA on April 18, 2014
Satisfaction Rating
1/5
I have a business card. I travel, card was declined. I called, plenty of space left, never ever late with a payment. Why is it restricted? They needed me to prove who I was. Fine, no cell service where I am in the mountains. Told them that, didn’t believe me. Told me to go to a strange bank in a strange town, have them verify who I am. Have the strange bank call them and they would give me ‘secret further instructions’… SERIOUSLY? Who is the fraud here? Capital One!!! I am transferring the balance, the payment I am sure they will accept, and cutting all of the accounts up. Worst Customer Service and Worst Card robbers ever! But them up people… go to Barclay!
Juliette of Sunnyvale, CA on April 5, 2014
Satisfaction Rating
1/5
On March 16, 2014 I checked my Capital One account online and found $3k in unauthorized charge. I was told my card was cancelled, but the following day another $1k in charges came thru. These charges all took place at a Walmart, McDonald’s, Chuck-E-Cheese, etc. in Green Bay Wisconsin. I live in Sunnyvale, CA and have never been to Wisconsin, and never shop at any of the establishments where the fraudulent charges were made. They all occurred over a week and a half period, and I usually go online and check my balance every week or so, and was surprised when I saw the charges come up.
At first I felt C1 was helping me, but then over the next month it became apparent that C1 was doing nothing to address the situation, find out how my # was stolen and a new card created (the actual card never left my possession). C1 opened and closed multiple cases, the case worker refused to call my cell, and only called my home #, where he knew he could just leave a message and not actually speak with me or address my concerns. It has now been almost a month, and I’ve been reassured that the charges will be reversed and my credit restored. We’ll see. Regardless, I do not trust Capital One with my personal information and would never recommend this company.
Brad of Boise, ID on April 1, 2014
Satisfaction Rating
1/5
The day before my payment on my KOHL’s account was due, (through Capital One) Capital One’s website stopped accepting my logins and told me I had never been logged in before, which was untrue since I had paid previously using that exact login and password. I called to make a payment over the phone and their automated system said they were “too busy, good bye” and hung up on me. I was not able to get a hold of them for a few days. When I did get through, I was told I now had a $15 late fee on a $48.69 balance. Effectively over a fourth of the remaining balance and further that if I paid over the phone I would have to pay an additional $10 for the privilege. They did agree to waive the fee, but after I paid it, they kept the fee and claimed it was because of a $1 service charge they added on without telling me. They are thieves and a sign of what is wrong with this country when this kind of behavior is allowed.
Betsy of Little River, SC on March 25, 2014
Satisfaction Rating
1/5
My payment was behind because of out of work so talked with agent on the phone at Capital One and he talked me into put a draft on my bank account (for a week away) for the payment even though I told him I didn’t want to because I probably wouldn’t have any $ in the bank then. And I didn’t, so I called them to stop it and they said there was no draft set up on my account, but it came through the next day and cost me $72 overdraft charges (might as well be $1,00000 as broke as I am). I called them to stop it so it wouldn’t come through again and they said they couldn’t but I called my bank and they said that they could if they wanted to.
bin of North Salt Lake City, UT on March 21, 2014
Satisfaction Rating
1/5
First time, I forgot to make a $20 balance payment just a few days past the due. I need to pay for the interest and the finance charge, which is OK for me—it is my fault. Then, after I make all the payment, and a couple of days later, I used the card for a purchase, the next day I was charged a interest for the purchase. I called for a reason, they just read the disclosure to me, which basically said that I need to pay an interest because I had a late payment before. I don’t understand— I paid everything and used the card after that, I can’t use the card anymore without paying interest for anything I spent on the card in the future? So I close the account by phone.
Later, I found I need to get the cash back left on the account. But they said I can’t get any cash back because the account has been closed. Why didn’t the representative tell me that when I closed the account? But the agent said I need to read the disclosure.
Patrick of Bedford, NS on March 20, 2014
Satisfaction Rating
1/5
The Customer service has been calling my home before 8:00 Am when my family is sleeping, at night even after 8:00 Pm for a past due account. Five calls a day, at home, at work. Have explained my current financial situation: “we don’t care; you have to pay today!” Tried to arrange payment, that was rejected: “we will call until you catch up” the agent shouted. I made partial payment and begged to get a break until next payday – they just keep harassing my family, day and night. Criminals are treated better. I believe the practices of this company are beyond acceptable. They are harassment, don’t listen to client, just want to shout, belittle you, and humiliate.
Roderick of League City, TX on March 7, 2014
Satisfaction Rating
1/5
I opened an account with Capital One Bank here in League City, Texas in October 2011 at .75%. The first full year the interest paid fell short by $300. The year 2013 the interest paid fell short by $1,400. When I asked for an explanation, I was informed that I had the option of taking my account elsewhere and that the .75% was a teaser or promotional rate. This was never our agreement when the account was opened. No other bank or institution has done this to any account with them, all paid the interest agreed at the time of opening various accounts.
k. of Salt Lake City, UT on March 6, 2014
Satisfaction Rating
1/5
In 2005 obtained a Capital One credit card shortly after lost my job and things went sour. The last contact I had with them was in 2006. I started a new job in 2013 and shortly after started getting garnished from Capital One for $2900, paid that and now they are garnishing me for $1400 in interest? I’m in the process of getting a lawyer. This is a bunch of bs!
Robert of Vancouver, BC on March 5, 2014
Satisfaction Rating
1/5
Even though we had paid last month’s bill in full, we had accrued our credit limit for the following month. We were traveling and this Capital One card was the primary card used for our trip. We immediately paid the following month in an attempt to rectify the situation, but was told that the payment would not go through for another day or two. Now we don’t have a card in a foreign country. There’s no option in their system to help their customers. We’ve been loyal customers for 11 years without one missed payment. We attempted to increase our credit limit to no avail. There are no options! This is unacceptable behavior and I wouldn’t recommend this company.
Steve of Bybee, TN on March 4, 2014
Satisfaction Rating
2/5
Had an account with this company for years. Out of the blue they raised my interest rate 9 percentage points. To say the least I will never do business with them again!! I cancelled my account immediately!!
Richard of Bloomington, IL on Feb. 28, 2014
Satisfaction Rating
1/5
This Elliott ** didn’t even listen to my complaint, nor show any compassion. All he cared about what collecting money. I received a letter saying all my debts were paid in full. So I go out and get a truck loan & a personal loan for a new roof. Now, 15 months later, Capital One comes back & says, “Oh sorry, we made a mistake & we will be wage garnishing your check for 9 months at %15.” Now I can cash strapped. When I asked Elliott ** about, he could care less. He didn’t even try to understand or investigate why I received a letter stating that all debts were paid & then come back 15 months and say otherwise. He was very rude on the phone and unprofessional.
pete of Clarington, ON on Feb. 25, 2014
Satisfaction Rating
1/5
I have had a Mastercard with these morons for 15 years, was short one time on a payment by $5 and they screw up my credit… No help when you call, 21% interest and they charge a yearly fee, what a joke. Well its paid off and I will never give Capital One another penny. Do yourself a favor and go with anyone for a credit card other than these crooks. Thanks.
Brian of Fayette, IA on Feb. 24, 2014
AND MORE…..
Capital One
3,020Complaints &
Reviews
Overall Satisfaction Rating
5/5 2%
4/5 1%
3/5 1%
2/5 9%
1/5 87% < This is worst star
PLEASE !!!!! NOW!!! Get provide registration information for the Capital one class action lawsuit,
Thank you
I’m serious !!
how do I apply for this claim
Please tell me how I can apply for this claim
How can you get them you make you stop sending you their info.? I have returned it to them and asked them numerous times not to contact me. I do not want a card from them and do not want anything to do with them!
I also need form I tired of being messed around by people scamming getting away with it
How do I get a form to apply for this Capital One lawsuit?