Capital One Out-of-Network Balance Check Fee Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

Capital One is paying $13 million to settle a class action alleging that it charged accountholders improper fees. The complaint alleged that when accountholders made balance inquiries at out-of-network ATMs, Capital One charged fees that breached its contracts with the customers. An out-of-network ATM is one that is not part of Capital One’s fee-free ATM network.

Docket Number:

3:18-cv-00692-JM-BGS

Company: Capital One NA

Filing Deadline: January 1, 2100

Class Period: April 6, 2008 to June 30, 2020

Objection Deadline: October 26, 2020

Exclusion Deadline: October 26, 2020

Final Approval Hearing: January 11, 2021

Proof of Purchase:

You do not need to provide proof or submit a claim form. Presumably company records will be used to identify class members.

Eligibility:

You may be eligible if you are a Capital One accountholder in the US, within the appropriate class period, incurred at least one fee for an out-of-network (OON) ATM balance inquiry. The class periods differ because the statute of limitations is different in different areas. Your class period is the one for the state where you opened your account; however, the dates refer not to when you opened the account but to the time period during which Capital One made the improper charge.

- Louisiana: April 6, 2008 to June 30, 2020
- Connecticut, New York and New Jersey: April 6, 2012 to June 30, 2020
- Virginia: April 6, 2013 to June 30, 2020
- Texas: April 6, 2014 to June 30, 2020
- District of Columbia, Maryland, and Delaware: April 6, 2015 to June 30, 2020

Typical Settlement Amount:

To be determined. The amount of payment will be based on the number of settlement class members and the amount each one incurred in OON balance inquiry fees.

Total Settlement Amount: $13 million

Class Representative Proposed Incentive Fee:

Up to $10,000 each

Law Firms:
Carlson Lynch Sweet & Kilpela
Kaliel PLLC

Case Name: Figueroa v. Capital One, N.A.

Settlement Website: Capital One Out-of-Network Balance Check Fee Settlement Website

Claims Administrator:
Brown Greer, LLC

Claims Administrator Contact Information:

Settlement Administrator
ATM Balance Inquiry Fee Settlement Program
c/o BrownGreer LLC
P.O. Box 26387
Richmond, VA 23230
1-888-716-1219

Tags: Additional charges in breach of contract, Out-of-Network Fees, Your Bank