1. Why did I receive a notice directing me to this website?
A Court authorized the notice because you have a right to know about the proposed Settlement of this class action lawsuit and about all of your options, before the Court decides whether to give Final Approval to the Settlement. The notice explains the lawsuit, the Settlement, and your legal rights.
The U.S. District Court for the Southern District of New York is overseeing this case. The case is known as Tawanna Roberts v. Capital One, N.A., Case No. 1:16-cv-04841-LGS. The person who sued is called the “Plaintiff.” The Defendant is Capital One, N.A.
2. What is this lawsuit about?
The lawsuit claims that Capital One breached its contract with Account Holders and improperly assessed and collected Overdraft Fees on certain Debit Card Transactions.
The Complaint in this Action is posted on this website and contains all of the allegations and claims asserted against Capital One. Capital One maintains it did nothing wrong, but has agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigat ion. The Court has not decided which side is right.
3. What is an Overdraft fee?
An Overdraft Fee means any fee or fees assessed on an Account Holder for items paid when the Account has insufficient funds.
4. Why is this a class action?
In a class action, one person, called a Class Representative (in this case, one Capital One customer who was assessed Overdraft Fees on certain Debit Card Transactions), sued on behalf of people who have similar claims.
All of the people who have claims similar to the Class Representative are members of the Settlement Class, except for those who exclude themselves from the class.
5. Why is there a Settlement?
The Court has not decided in favor of either the Plaintiff or Capital One. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits described in the Notice. The Class Representative and her attorneys think the Settlement is best for everyone who is affected.
6. Who is included in this Settlememnt?
You are a member of the Settlement class if you are a current or former Capital One customer, with the exception of those with Capital One 360 accounts, who was charged an Overdraft Fee on a Debit Card Transaction that was authorized into a positive available balance, but settled against a negative balance, during the Class Period. Excluded from the Settlement Class is Capital One, its parents, subsidiaries, affiliates, officers and directors; all Settlement Class members who make a timely election to be excluded; and all judges assigned to this litigation and their immediate family members.
The Class Period means:
a. for Settlement Class Members who established Accounts in Connecticut, the period from August 16, 2010, through November 7, 2018;
b. for Settlement Class Members who established Accounts in Delaware, the period from June 22, 2013, through November 7, 2018;
c. for Settlement Class Members who established Accounts in Louisiana, the period from August 16, 2010, through November 7, 2018;
d. for Settlement Class Members who established Accounts in Maryland, the period from June 22, 2013, through November 7, 2018;
e. for Settlement Class Members who established Accounts in New Jersey, the period from August 16, 2010, through November 7,
2018;
f. for Settlement Class Members who established Accounts in New York, the period from August 16, 2010, through November 7, 2018;
g. for Settlement Class Members who established Accounts in Texas, the period from June 22, 2012, through November 7, 2018;
h. for Settlement Class Members who established Accounts in Virginia, the period from June 22, 2011, through November 7, 2018; and
i. for Settlement Class Members who established Accounts in Washington DC, the period from June 22, 2013, through November 7, 2018.
If this did not happen to you, you are not a member of the Settlement Class. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.
7. What does the Settlement provide?
Capital One has agreed to establish a cash Settlement fund of $17 million from which Settlement Class Members will receive payments or account credits. The amount of such payments or account credits cannot be determined at this time. However, it will be based on the number of Settlement Class Members and the amount of Relevant Overdraft Fees each Settlement Class Member was charged as a result of Capital One’s assessment of Overdraft Fees on Debit Card Transactions that were authorized and approved into a positive available balance and were settled against a negative balance. In addition to the Settlement Fund, Capital One has agreed to separately pay Settlement Administration Costs up to a maximum of $750,000. Pursuant to the Court ’s approval, the Settlement Fund will also be used to pay a Service Award for the Plaintiff, attorneys’ fees awarded to Class Counsel, reimbursement of Class Counsel’s litigation expenses and costs, and any payment to Capital One for Settlement Administration Costs that exceed $750,000 incurred as permitted under the Settlement.
Any Residual Funds that are not feasible and practical to distribute to individual Settlement Class Members will be provided to one or more charitable organization (“cy pres” recipients). The parties will recommend an organization with their Motion for Final Approval.
8. How do I receive a payment or Account credit?
If you are in the Settlement Class and entitled to receive a payment, you do not need to do anything to receive a payment or account credit. If the Court approves the Settlement and it becomes final and effective, you will automatically receive a payment or account credit.
9. What am I giving up to stay in the Settlement Class?
If you stay in the Settlement Class, all of the decisions by the Court will bind you, and you give Capital One a “release.” A “release” means you cannot sue, continue to sue, or be part of any other lawsuit against Capital One about the legal issues in this case. Section XII of the Settlement Agreement contains the release and describes the precise legal claims that you give up if you remain in the Settlement.
10. How do I get out of the Settlement?
To exclude yourself from the Settlement, you must send a letter by mail that includes the following:
You must mail your exclusion request, postmarked no later than September 23, 2020 to:
Settlement Administrator
Roberts v. Capital One, N.A. Overdraft Settlement Program
P.O. Box 25571
Richmond, VA 23260
11. If I do not exclude myself, can I sue Capital One for the same thing later?
No. Unless you exclude yourself, you give up the right to sue Capital One for the claims that the Settlement resolves. You must exclude yourself in order to try to pursue your own lawsuit.
12. If I exclude myself from the Settlement, can I still receive a payment?
No. You will not receive a payment or account credit if you exclude yourself from the Settlement.
13. Do I have a lawyer in this case?
The Court has appointed the following lawyers, known as Class Counsel, to represent you and others:
Class Counsel will represent you and others in the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.
14. How will the lawyers be paid?
Class Counsel intends to request up to 30% of the Settlement Fund for attorneys’ fees, plus reimbursement of their litigation expenses and costs incurred in connection with prosecuting this case. The fees and expenses awarded by the Court will be paid out of the Settlement Fund. The Court will determine the amount of fees and expenses to award. Class Counsel will make their request for attorney’s fees and expenses by September 8, 2020.
Class Counsel will also request that a Service Award of up to $15,000.00 for the Class Representative be paid from the Settlement Fund for her service to the entire Settlement Class. Any Service Award is subject to Court approval. The Class Representative will make her request for a Service Award by September 8, 2020.
15. How do I tell the Court that I don’t like the Settlement?
If you are a Settlement Class member and have not requested to be excluded from the Settlement Class, you can object to any part of the Settlement; the Settlement as a whole; Class Counsel’s requests for fees, costs and expenses; and/or Class Counsel’s request for a Service Award for the Plaintiff. To object, you must submit your objection by mail or private courier (e.g., Federal Express) to the Clerk of the Court, Class Counsel, Capital One’s counsel, and the Settlement Administrator. Your objection must include the following:
If submitted by mail, an objection shall be deemed to have been submitted when posted if received with a postmark date indicated on the envelope if mailed first-class postage prepaid. If submitted by private courier (e.g., Federal Express), an objection shall be deemed to have been submitted on the shipping date reflected on the shipping label. You must submit your objection to the following addresses no later than September 23, 2020:
16. What’s the difference between objecting and excluding?
Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.
17. When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 10:50 am ET on October 29, 2020, at the United States District Court for the Southern District of New York, located at 40 Foley Square, Courtroom 1106, New York, NY 10007. The hearing may be moved to a different date or time without additional notice, so it is a good idea to check at www.capitaloneoverdraftlitigation.com for updates. At this hearing, the Court will consider whether the Settlement is fair, reasonable and adequate. The Court will also consider any request by Class Counsel for attorneys’ fees and expenses and for the Service Award for Plaintiff. If there are objections, the Court will consider them at this time. After the hearing, the Court will decide whether to approve the Settlement. We do not know how long these decisions will take.
18. Do I have to come to the hearing?
No. Class Counsel will answer any questions the Court may have. However, you may come at your own expense. If you send an objection, you don’t have to come to Court to talk about it. Provided you submitted your written objection on time, to the proper address, and it complies with the requirements set forth above, the Court will consider it. You may also pay your own lawyer to attend, but it’s not necessary.
YOU ARE NOT REQUIRED TO ATTEND THIS HEARING TO BENEFIT FROM THE SETTLEMENT.
19. May I speak at the hearing?
If you do not exclude yourself from the Settlement Class, you may ask the Court for permission to speak at the Final Approval Hearing concerning any part of the proposed Settlement by asking to speak in your objection by following the instructions above.
20. What happens if I do nothing at all?
If you do nothing, you will still receive the benefits to which you are entitled. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Capital One relating to the issues in this case.
21. How do I get more information?
The Long Form Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You may also write with questions to the Settlement Administrator, Roberts v. Capital One, N.A. Overdraft Settlement Program, P.O. Box 25571, Richmond, VA 23260 or call the toll-free number, 1-888-312-0063. Do not contact Capital One or the Court for information.