Capital One cashback class action lawsuit overview:
- Who: Plaintiff Alan B. McNichols filed a class action lawsuit against Capital One Bank N.A., Capital One Shopping Holdings LLC and Capital One Financial Corp.
- Why: McNichols claims Capital One failed to provide consumers with promised cashback rewards through its Capital One Offers program.
- Where: The Capital One cashback class action lawsuit was filed in Virginia federal court.
A new class action lawsuit accuses Capital One of failing to provide consumers with promised cashback rewards through its Capital One Offers program.
Plaintiff Alan B. McNichols’ class action lawsuit claims Capital One failed to provide the cashback rewards despite representing to consumers that they would be available within 45 days of a purchase.
“Capital One regularly failed to provide cardholders with the payout that they had been promised in the offer after the cardholders made purchases in reliance on the offer,” the Capital One class action lawsuit alleges.
McNichols wants to represent a nationwide class and Connecticut subclass of consumers who claimed a Capital One Offer but did not receive the corresponding payout.
Capital One financially motivated to breach its obligations, class action alleges
McNichols argues Capital One was financially motivated to breach its obligations under Virginia contract law and to make materially false and misleading statements with respect to the Capital One Offers program.
“Capital One was able to report higher profits by underpaying cardholders in the payouts it had promised for the use of their cash,” the Capital One class action lawsuit alleges.
McNichols claims Capital One is guilty of breach of contract and the covenant of good faith and fair dealing, breach of quasi-contract and unjust enrichment and violations of the Virginia Consumer Protection Act and Connecticut Unfair Trade Practices Act.
The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory, treble and punitive damages for himself and all class members.
In early 2025, a consumer sued Capital One over alleged negligence, breach of contract and unlawful conduct that left customers unable to access their funds and deprived them of the ability to purchase essential items.
Have you ever been denied cashback rewards by Capital One? Let us know in the comments.
The plaintiff is represented by Matthew B. Kaplan of The Kaplan Law Firm and Carl L. Stine, Philip M. Black and Samuel Coffin of Wolf Popper LLP.
The Capital One class action lawsuit is McNichols v. Capital One Bank N.A., et al., Case No. 1:26-cv-00145, in the U.S. District Court for the Eastern District of Virginia.
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