Capital One class action lawsuit overview:
- Who: Plaintiff David Paquin filed a class action lawsuit against Capital One Financial Corp.
- Why: Paquin claims Capital One placed debt collection calls to his cellphone late at night without his consent.
- Where: The Capital One class action lawsuit was filed in Florida federal court.
- How to get help: If you received excessive debt collection calls or were subjected to unlawful collection practices, you may qualify for a debt collection lawsuit investigation.
A new class action lawsuit alleges Capital One Financial Corp. violated Florida law by placing debt collection calls to a consumer’s cellphone late at night without his consent.
Plaintiff David Paquin filed the Capital One class action lawsuit after he says he received back-to-back nighttime debt collection calls that disrupted his sleep and violated the Florida Consumer Collection Practices Act.
Paquin claims Capital One called his cellphone on April 20 at 9:51 p.m., attempting to collect a consumer debt it began pursuing in December 2025. He says the call lit up his phone and interrupted his peaceful, undisturbed state.
“Immediately prior to receipt of that communication, [the] plaintiff was resting, undisrupted and otherwise in a peaceful state of mind,” the Capital One class action lawsuit says. “The communication was unexpected, startled him and woke him from sleeping.”
Paquin claims he spent several minutes reviewing the call, then remained restless and agitated. He alleges the disruption cost him at least six hours of sleep and left him fatigued the next day.
He alleges Capital One placed a second nighttime call days later on April 24 at 9:08 p.m., claiming the company targets consumers during these hours to collect payments faster.
The plaintiff wants to represent a class of all people with a Florida address who received a telephone call from Capital One in connection with collecting a consumer debt between 9 p.m. and 8 a.m. within the 24 months preceding the filing of the lawsuit.
Capital One’s nighttime debt collection calls were deliberate, class action claims
Paquin claims Capital One violated Florida’s debt collection law by contacting him about a consumer debt between 9 p.m. and 8 a.m. without his prior consent. He argues Capital One knew it lacked consent to call him and understood the calls would be unwanted.
The plaintiff claims Capital One has the ability to limit its debt collection calls to daytime hours but willfully declines to do so, arguing nighttime contact pressures consumers into paying faster. He says this pattern reflects deliberate disregard for Florida consumers’ privacy rights rather than an isolated mistake.
The Capital One class action lawsuit seeks class certification, statutory damages, a declaration that Capital One violated Florida’s debt collection law, an injunction against future nighttime calls, and attorneys’ fees. Paquin also demands a jury trial.
In other Capital One news, a federal judge recently approved a $425 million settlement resolving claims that Capital One misled customers about interest rates on its 360 Savings accounts.
Have you ever received a late-night debt collection call from Capital One? Let us know in the comments.
Paquin is represented by Scott D. Owens of Scott D. Owens P.A. and Andrew Grim and Richard Peck of Peck Law Firm P.A.
The Capital One class action lawsuit is Paquin v. Capital One Financial Corporation, Case No. 8:26-cv-02118, in the U.S. District Court for the Middle District of Florida.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Taylor Fresh Foods recalls jalapeño from Kroger, Walmart, Target amid Salmonella outbreak
- Stellantis recalls 1.2M Ram 1500 trucks over seatbelt buckle issue
- NYC DOE sued over alleged failures to protect students with disabilities from abuse
- FTC lawsuit alleges Hims & Hers charged consumers for unwanted prescriptions
