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This settlement is closed!
Please see what other class action settlements you might qualify to claim cash from in our Open Settlements directory!
UPDATE: The Capital One ATM Fees Class Action Settlement was granted final approval on January 21, 2021. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Capital One has agreed to pay $13 million to resolve claims that they wrongfully charged ATM fees on out-of-network balance inquiries.
The settlement benefits current and former Capital One customers who were charged out-of-network balance inquiry ATM fees between April 6, 2008 and June 30, 2020, depending on the state in which the account was established. Connecticut, Delaware, District of Columbia, Louisiana, Maryland, New Jersey, New York, Texas and Virginia accounts are eligible for the settlement.
Plaintiffs in the Capital One ATM fees class action lawsuit claimed they were improperly charged out-of-network balance inquiry fees when using a non-Capital One ATM. According to the accountholders, these ATM fees violated Capital One’s contractual terms.
Plaintiff Jacob Figueroa says he withdrew $20 from an out-of-network ATM in April 2015 and was charged $7 in fees for the transaction. Figueroa says he was charged a $3 fee for the cash withdrawal but was charged two additional $2 fees for his balance inquiry and cash withdrawal.
“Not only does the non-Capital One ATM operator charge the consumer a fee for the use of its ATM, a charge which now averages $3, but Capital One charges [an out-of-network fee] for a cash withdrawal as well – a punishing double-fee on accountholders that can rise to a total of several dollars for simply accessing their money,” the Capital One ATM fees class action lawsuit contended.
Capital One has not admitted any wrongdoing but has agreed to resolve the claims against them in a $13 million settlement. In addition to covering attorneys’ fees, court costs and administration expenses, the settlement will provide plaintiff service awards of $10,000 and benefits to Class Members.
Under the terms of the settlement, Class Members will receive either cash payments or account credits. The amount of each payment or credit isn’t currently available, as they will depend on the number of Class Members who participate in the settlement and the total number of ATM fees charged to Class Members.
No claim form is required to participate in the Capital One ATM fees class action settlement. Instead, Class Members have the opportunity to object to the settlement or exclude themselves in order to retain their legal claims against the bank.
The deadline for exclusion and objection from the Capital One ATM fees class action settlement is Oct. 26, 2020. The final approval hearing for the settlement is Jan. 11, 2021.
Who’s Eligible
Capital One customers who were charged out-of-network balance inquiry ATM fees during the following periods:
- For accounts established in Louisiana: from April 6, 2008 to June 30, 2020;
- For accounts established in Connecticut, New York and New Jersey: from April 6, 2012 to June 30, 2020;
- For accounts established in Virginia: from April 6, 2013 to June 30, 2020;
- For accounts established in Texas: from April 6, 2014 to June 30, 2020;
- For accounts established in the District of Columbia, Maryland and Delaware: from April 6, 2015 to June 30, 2020.
Potential Award
Cash payments or account credits.
Exact payment amounts will vary, depending on the number of Class Members who participate in the settlement and the total number of ATM fees charged to Class Members.
Proof of Purchase
N/A
Claim Form
There is no Claim Form for this settlement. Class members with further questions can click here for more information.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Exclusion Deadline
10/26/2020
Case Name
Jacob Figueroa, et al. v. Capital One N.A., et al., Case No. 3:18-cv-00692-JM-BGS, in the U.S. District Court for the Southern District of California
Final Hearing
1/11/2021
Settlement Website
Claims Administrator
Settlement Administrator
ATM Balance Inquiry Fee Settlement Program
c/o BrownGreer LLC
P.O. Box 26387
Richmond, VA 23230
1-888-716-1219
Class Counsel
Edwin J. Kilpela
Todd D. Carpenter
Brittany C. Casola
CARLSON LYNCH SWEET KILPELA & CARPENTER LLP
Jeffrey D. Kaliel
Sophia Gold
KALIEL PLLC
Richard D. McCune
Jae (Eddie) K. Kim
MCCUNE WRIGHT LLP
Taras P. Kick
THE KICK LAW FIRM
Defense Counsel
Hunter Eley
Evan M. Ladd
DOLL AMIR & ELEY LLP
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164 thoughts onCapital One ATM Fees Class Action Settlement
Capital One should be sued for practice did credit as well
opening accounts for lower income people and gaining trust and credit to lure people into debt and find a way to close accounts with no cause or notifications to customers or credit ruining credit reports and hurting peoples credit intentionally. Two cards opens paid on time twice in each month always more then required payment or paid in full and No reason to breach credit contracts with consumers and ruin credit reports one yr still no answers to reason just closed acct at random. Account Now NA should be a class action when they correct atm error and credit you back refund to bank card sends letter we find your complaint to be true and credited my account to close access to card right after letter and credit saying i was found to be correct still owed me refunds to acct when they close card anyway so you don’t recieve your money back you never recieved in atm error leading to 951.00 credited back to my account and two letters investigation finds me correct and will credit acct to close card right away so they make it look as if followed procedures while out money and bank so they kept it violating all trust and banking laws and nobody helping people like myself who these prepaid cards with direct deposit keep your weeks of pay for atm error and admit they were wrong i was right in mailed letters still trying to get my money they just issue new card knowing they put money on old card so you can’t get it back ( afraid and bank theft violations of banking laws and they still open and we pay the price for something we didn’t get take and yet they admit to my being correct and credited money back just to close acct access to card and millions of complaints wish they would sue them for what they do because it’s crazy how they can do this over and over to other people as well
While I agree that Capitol One is crap, I do not see the case. They tell you up front in their user agreement (assuming you bothered to read it).
In fact, this whole lawsuit is bogus. I regret to inform everyone that the fees and procedures are spelled out on the web site, and in the user agreement that you signed. There were no surprises.
You did the right thing when you called them. I agree that their customer service is inept. I also agree that they make dumb mistakes. That is why it is your responsibility to keep an eye on your accounts. I do.
I came from a poor family. I spent the first 27 years of my life living below the Federal poverty level. Why have I never been tied up in the issues you have because I just plain avoid them.
i just recieve a 15.33$ check and they charged me more then that !!
I received a .45 cent check. Really. That’s not even the cost of a stamp.
I have told people for years not to participate in class actions. Nobody listens.
Just wondering when i will get a check from the settlement
My friend got a check already and didn’t even know or used the ATM like I, do and I have received anything yet, who should call, or do?
Lawyers got all the money they ain’t even giving enough for McDonald’s crazy
Amen
Amen
How can I find out if I am included in the settlement?
When will we get our check.
My address has changed and I am a part of the class action suit. So can someone please contact me so I can give my new address information as I would not like it to go to my old address. Thank you
Just received a direct payment in my checking account for litigation
Was it worth the trouble? Or just pennies anything helps
It was 234.00
Thanks for the update!
It should be a website for you to go and print a form to request ant changes. Do some research and the website should have FAQs
When can I expect to receive a check from this settlement.
I got a email to from new Orleans la when will I get my money