Jessy Edwards  |  June 7, 2022

Category: Legal News

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A Capital One Bank sign on the parking garage for the Rego Park Office Tower in Queens - zelle, fraud, class action
(Photo Credit: Tdorante10/Wikimedia)

Capital One Zelle fraud class action:

  • Who: A customer sued Capital One, claiming the bank didn’t disclose the security risks of using money transfer service Zelle.
  • Why: The plaintiff says he and other Capital One customers were scammed through Zelle, yet the bank declined to reimburse them.
  • Where: The case was filed in Florida federal court.

Capital One does not help customers who are scammed and exposed to fraud through money-transfer service Zelle, a new class action lawsuit alleges.

In a class action complaint filed May 2 in a Florida state court and removed to federal court in Miami June 1, Capital One customer Bernard Mensah claims the bank advertised the money-transfer service as being safe for its customers but was unwilling to help when customers were later scammed through the app. 

In Mensah’s case, he says a fraudster who claimed he was a landlord and asked for $2,000 for a fake rental property scammed him.

Mensah transferred the money through Zelle. When he realized later that day that he’d been scammed, he says he advised his bank, Capital One. 

While a representative initially told him he would stop the payment from going through, the next day he was told that the bank wasn’t able to put a stop payment on the Zelle transfer, according to the class action.

“Despite the plaintiff’s timely alerting Capital One of the fraud, Capital One refused to reimburse him for the losses,” the lawsuit states.

Capital One class action says Zelle has ‘huge, undisclosed’ security risks

Mesah says he is one of thousands of similarly situated customers. He says that banks and financial institutions like Capital One that use Zelle engage in “significant marketing efforts” to encourage their account holders to sign up for the service by marketing Zelle as a fast, safe and secure way for consumers to send money. 

“This is false. In fact, there are huge, undisclosed security risks of using the service that Capital One omitted from its marketing push to get its accountholders to sign up for Zelle,” he says.

Mesah looks to represent anyone with a Capital One account who signed up for Zelle and incurred unreimbursed losses due to fraud. 

He issuing for breach of contract and violations of business laws and seeking certification of the class action, restitution, damages, fees, costs and a jury trial.

Meanwhile, another class action lawsuit alleges Wells Fargo and Zelle fail to protect customers from scammers who use Zelle’s mobile payment app, and the Navy Federal Credit Union has also been hit with a class action lawsuit alleging it fails to properly inform its account holders that they will not be reimbursed for any financial losses caused by fraud on Zelle.

Have you been scammed through Zelle? Let us know your experience in the comments. 

Mensah is represented by Andrew J. Shamis and Edwin E. Elliott of Shamis & Gentile PA and Scott Edelsberg and Christopher Gold of Edelsberg Law PA.

The Capital One Zelle class action lawsuit is Mensah v. Capital One NA, Case No. 1:22-cv-21681, in the U.S. District Court for the Southern District of Florida.


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33 thoughts onCapital One class action alleges company does not assist victims of Zelle fraud

  1. Y Hoffmann says:

    I was scammed out of $837. I purchased an item online and the website said payment through QuickPay/zelle was a 10% discount. I sent the money but never received my item and capital one refused to accept my claim.

  2. Jsun Laliberte says:

    Please add me

  3. Monica Cohen says:

    Capital One refused to refund 4 Zelle payments I did not even make. “Lara Rush” appeared in my acct for a total of 4 transactions amounting to $596. The transactions were pending when I reported them! I reported the 4 transactions immediately and was told I would receive a refund…. Now being told I will not get the money!!!! When I reported it there was a phone number attached -now that number has been removed.

  4. Elise says:

    Yea I too was scammed by Zell
    And my bank capital one refused to refund my money back to my account I was contacted by someone using Zell saying that they where con Ed and my lights were going to be disconnected if I don’t pay first they said 600 then I said but I don’t have that amount of money so they said well what can you pay I said 300 at that time my bill was 2000 so 300 hundred sounded excellent to keep my lights on so I asked how can I make this payment they said Zell once I sent the money I then contacted con Ed and that’s when I was informed it was a scammer that con Ed did not call me at all and asked for long I then immediately called capital one informed them said I wanted to cancel this transaction but they said it was too late and that I
    Wasn’t going to be reimbursed unbelievable

  5. Rey mo says:

    Paid 160$ for a ticket and never received it. Called capital one for disputing the transaction right away and they told me that they will investigate it and get back to me. After 10 days they rejected the dispute and told me to dispute this via contacting the merchant. I was scammed and the person/merchant doesn’t exist, the phone number is wrong, not sure what do they mean by contacting the merchant.
    Called capital one and asked about the reason and they read a whole article of capital one policy on the phone. Why do they offer an app (Zelle) to their customer if they can not protect us against being scam via the app.

  6. A. Gardner says:

    My boyfriend and I were scammed out of over $2600 for a housing scam. We were helped right then and there and were told we would get updates on the claims. We never heard back from them about our case. That night we filed a police report and they are working on it actively. We then called the bank a week later and were told we would be getting the funds the following week. We didn’t, so we called again and we were told we were denied and then no one is helping. Basically got told we are screwed by capital one and Zelle told us they aren’t responsible. Who can I talk to, to be put on this case?

  7. Henry F. Butler says:

    I want to be added to the Zelle class or sub-class. Capital One denied me a credit/refund on my credit card account; after timely reporting fraud by a merchant. Merchant sold me counterfeit item’s charged to my account and I sent the items back. Despite detail documentation and a receipt for the return, Capital One is suing me for $2087 plus attorneys fees. There are (5) attorneys working the case against me. Please help!

  8. A Knight says:

    I have been chasing down Zelle and the two banks and I have gotten back and forth call the bank, call Zelle. I tried to stop the transactions and it wasn’t done. In total I lost $2,355 and the worst part is that the person was “Zelle Tech Support” Via tech Support after calling what I thought was a Zelle help line but no one answered. I received the text and now……$495 on Capital One’s side and $1860 on the other bank and both claims have been denied!!!

  9. Marika Steedley says:

    Same here $1000 and absolutely no help

  10. Ron O'C says:

    Scammed out of a $130.92 via a Zelle payment through Capital One for a purchase from a website that appeared to be for a legitimate brick and mortar store. I verified that the physical store existed and Googled the phone number that texted me for payment to ensure that it was related to the website. It turns out that the site was an imposter. I called the store and they said they don’t have a website. The imposter site was taken down a few days after I made payment. The store was recently made aware of the fake website by someone else who was scammed.

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