By Emily Sortor  |  May 1, 2018

Category: Consumer News

Depositphotos_29284197_s-2015If you were charged excessive Capital One overdraft charges, you may have a legal claim.

A large part of banks’ income comes from overdraft fees (also known as overdraft protection fees) — fees that customers are charged when they spend more money than the amount available in a checking account. In recent years, the number of customers overdrafting their accounts has declined, and as a result, banks’ profits have been reduced.

To cope with this decrease, a number of banks have allegedly raised overdraft fees on consumers that do happen to overdraft their accounts. Depending on what overdraft service the customer opts into, these fees can be imposed on ATM withdraws, debit card balances, and purchases made with checks. Capital One is one institution that is suspected of imposing increased overdraft fees.

Additionally, consumers have claimed that banks have used other tactics to increase the number of overdraft fees they are able to charge consumers. Consumers have accused banks, including Capital One, of intentionally processing consumer transactions out of order in an attempt to maximize the number of overdraft fees they can charge.

For example, if a consumer had $99 in their account and made two purchases, one $35 purchase and then a $100 purchase, and if the transactions are processed in the order in which they are made, the consumer should only be charged an overdraft fee for the second charge, because it was at that point that their purchases exceeded the funds in their account. However, if a bank processed these transactions out of order, the consumer would be charged an overdraft fee on both the $100 purchase and the $35 purchase, thus letting the bank rake in more profits.

In theory, an overdraft fee, or overdraft protection fee, is a benefit for a consumer, because it allows them to make a purchase even if they have insufficient funds in their account, as opposed to having their purchase denied. However, these fees can be more of a burden than a help.

Overdraft fees can add up quickly. Reports show that the average overdraft fee is $35. Many consumers overdraft their accounts accidentally, thinking that they have enough money in their accounts, because their card has not been rejected. So, instead of helping a consumer manage their money, these fees can lead to consumers spending far more money than they have, and lead them to rack up fee after fee.

To protect consumers against this financially damaging situation, the federal government passed a law prohibiting banks and other financial institutions from charging customers overdraft fees unless the customer has actively opted-in to an overdraft protection program. Under this law, in cases in which a customer has not opted into an overdraft protection program, consumers should be simply unable to make a purchase if their purchase exceeds the funds in their account.

Consumers have filed numerous lawsuits claiming that various financial institutions have violated these federal regulations. Currently, lawyers are investigating consumers’ legal claims into Capital One overdraft charges. If you believe you were wrongfully charged Capital One overdraft charges or you believe that you were charged higher than normal Capital One overdraft charges, you may have a legal claim, and you could receive financial compensation.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. Some of the banks and credit unions being investigated include, but are not limited to:

  • HSBC Bank
  • UMB Bank
  • State Employees Credit Union
  • Pentagon Federal Credit Union
  • Boeing Employees Credit Union
  • Alliant Credit Union
  • Star One Credit Union
  • First Technology Federal Credit Union
  • America First Credit Union
  • American Airlines Federal Credit Union
  • Alaska USA Federal Credit Union
  • Vystar Credit Union
  • Citizens Equity First Credit Union
  • Teachers Federal Credit Union
  • ESL Federal Credit Union
  • Patelco Credit Union
  • DFCU Financial Credit Union

The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

Learn More

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


Get Help – It’s Free

Join a Free Bank & Credit Union Overdraft Fee Class Action Lawsuit Investigation

If your bank and credit union has engaged in deceptive overdraft fee practices, you may have a legal claim. Fill out the form on this page now to find out if you qualify!

An attorney will contact you if you qualify to discuss the details of your potential case.

In order to properly investigate overdraft fee claims, you may be required to disclose bank statements to overdraft fee attorneys. Please note that any such information will be kept private and confidential.

ATTORNEY ADVERTISING

The choice of a lawyer is an important decision and should not be based solely on advertisements.

E-mail any problems with this form to [email protected]

PAID ATTORNEY ADVERTISEMENT: THIS WEB PAGE IS AN ADVERTISEMENT AND THE PARTICIPATING ATTORNEY(S) ARE INCLUDED BECAUSE THEY PAY AN ADVERTISING FEE. The attorney in charge of this advertisement is T.Kick. It is not a lawyer referral service or prepaid legal services plan. Top Class Actions is not a law firm. Top Class Actions does not endorse or recommend any lawyer or law firm who participates in the network, nor does it analyze a person’s legal situation when determining which participating lawyers receive a person’s inquiry. It does not make any representation and has not made any judgment as to the qualifications, expertise or credentials of any participating lawyer. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. The information contained herein is not legal advice. Any information you submit to Top Class Actions does not create an attorney-client relationship and may not be protected by attorney-client privilege. Do not use the form to submit confidential, time-sensitive, or privileged information. All photos are of models and do not depict clients. All case evaluations are performed by participating attorneys.

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.