This lawsuit alleges that Capital One Bank and Wells Fargo Bank assessed illegal fees to users of Capital One debit cards and Wells Fargo ATMs, in violation of the Electronic Funds Transfer Act.
Capital One, N.A. (COF) is a Virginia based national bank that provides financial products and services, including debit cards and ATM services, to consumers, small businesses and commercial clients in the United States, Canada and the United Kingdom. Utah based Wells Fargo Bank, National Association (WFC) provides personal, small busines and commercial banking services.
In December 2014, Maryland resident Thomas Alston used his Capital One debit card to retrieve $200 from a Wells Fargo ATM in Virginia. The ATM screen indicated he would be charged $4 or $5 for the transaction. Alston was charged $7 for the transaction. When Alston contacted Capital One about the charge, bank representatives provided varying information that indicated that either Wells Fargo charged an additional $2 or $3 for the transaction or Capital One charged an additional $2 or $3 for the transaction or both banks charged a portion of the additional $2 to $3 fee.
Capital One also assessed checking account fees to Alston in June 2015 for exceeding a cash deposit limit. Alston claims he never agreed to any fee for exceeding a cash deposit limit when he opened his account and states he did not deposit $7,000 in his account in June 2015. Capital One charged Alston $2 in June 2015 for purportedly exceeding his cash deposit limit by $2,000 over the $5,000 cash deposit limit.
On January 4, 2016, Alston filed his class action suit (Circuit Court, Prince George’s County Maryland) against Capital One and Wells Fargo alleging that the systematic practice of assessing illegal fees against users of Capital One debit cards and Wells Fargo ATMs constituted breach of contract, unjust enrichment and common law tort of conversion, in violation of the Electronic Funds Transfer Act (EFTA), 15 U.S.C. §1693.
Alston seeks class certification of all individuals who, within three years of filing the complaint, had a Capital One account and was overcharged for either:
(1) the usage of a Capital One debit card at a Wells Fargo ATM; or
(2) depositing cash in excess of the prescribed limit.
The complaint seeks compensatory, actual and punitive damages, an injunction requiring the banks to cease assessing the illegal fees, attorney fees and costs.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Capital One, Wells Fargo ATM Fees Complaint
January 4, 2016
The complaint for this lawsuit alleges that Capital One Bank and Wells Fargo Bank assessed illegal fees to users of Capital One debit cards and Wells Fargo ATMs, in violation of the Electronic Funds Transfer Act.
capital_one_unlawful_atm_fees.pdfCase Event History
Capital One, Wells Fargo ATM Fees Complaint
January 4, 2016
The complaint for this lawsuit alleges that Capital One Bank and Wells Fargo Bank assessed illegal fees to users of Capital One debit cards and Wells Fargo ATMs, in violation of the Electronic Funds Transfer Act.
capital_one_unlawful_atm_fees.pdf