Frequently Asked Questions

PHASE II PAYMENT INFORMATION

  1. WHY DID I RECEIVE A PHASE II DISTRIBUTION?

    Settlement Class Counsel and Capital One Bank Counsel jointly agreed to perform a secondary, Phase II, distribution, on a pro rata basis, to exhaust the remaining monies in the Settlement Fund. To be eligible to receive a Phase II check you must have:

    1. Received a Phase I settlement payment by settlement check or automatic account credit from the Phase I disbursement;
    2. Negotiated the settlement check; and
    3. Your Phase II award must total $5.00 or more.

    If you received a Phase II check, you were determined to have met the aforementioned criteria. Please deposit the check promptly. The check is only valid for 60 days from the issue date.

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  2. WHY DIDN’T I RECEIVE A PHASE II DISTRIBUTION?

    If you did not receive a Phase II check, you did not meet the following eligibility criteria. Pursuant to the Order, to be eligible to receive a Phase II check, you must have:

    1. Received a Phase I settlement payment by settlement check or automatic account credit from the Phase I disbursement;
    2. Negotiated the settlement check; and
    3. Your Phase II award must total $5.00 or more.

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  3. HOW CAN I RECEIVE A REPLACEMENT PHASE II CHECK?

    To request a replacement check, please return the original check to the Settlement Administrator at Capital One Overdraft Settlement, PO Box 3219, Portland, OR 97208- 32319, accompanied by a signed written request asking that a replacement check be issued and mailed to you.

    • If you require the “For Deposit Only” restriction removed, please include an instruction that the replacement check be issued to you without the ‘For Deposit Only’ language.
    • If the person on the check is deceased: First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.
    • If your Settlement check is for $100.00 or greater and your bank will not cash the check, please return the original check to the Settlement Administrator, along with a letter of instruction, proof of beneficiary/executor and proof of death of the person named on the check (i.e., copy of death certificate).
    • If your Settlement check is for an amount less than $100 and your bank will not cash the check, please return the original check to the Capital One Overdraft Settlement, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member.
    • If your name changed, please include an instruction that the replacement check be issued to your new name.

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  4. HOW CAN I RECEIVE A REPLACEMENT PHASE I CHECK?

    We are no longer authorized to issue replacement Phase I checks. Furthermore, all of the remaining funds from non-negotiated Phase I checks have been redistributed to eligible Phase I participants.

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  5. CAN I REQUEST AN ACCOUNT CREDIT INSTEAD OF A CHECK?

    No. Pursuant to the Court Order, all Settlement Class Members will receive a Phase II Settlement check.

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PHASE I PAYMENT INFORMATION

  1. WHAT IS THE STATUS OF MY PAYMENT?

    Eligible Settlement Class Members who have a current Capital One account received a customer account credit on August 26, 2015.

    Eligible Settlement Class Members who no longer have a current Capital One account were mailed a settlement check on August 28, 2015. Please be patient in waiting for your check to arrive.

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  2. WHY DID I RECEIVE A CHECK OR CREDIT?

    Pursuant to the terms of the Settlement, Settlement Class Counsel and their experts, under supervision by the Court, determined that you were an eligible Settlement Class Member who previously incurred eligible Overdraft Fees.

    If your Capital One account is currently open, you received an account credit on August 26, 2015. If your Capital One account has been closed, you received a check. The check or credit you received represents your pro rata share of the Net Settlement.

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  3. WHY DIDN’T I RECEIVE A CHECK OR CREDIT?

    If you received postcard notice but did not receive a check or credit, then you are not eligible for a payment under the Settlement because your account was closed with a negative balance and the amount of the payment that would otherwise be provided for in the Settlement was insufficient to make the balance in that account positive.

    If you have an open Capital One account, please make sure to double check your account statement and/or online banking for a credit that may have been applied by Capital One on August 26, 2015.

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  4. HOW WAS MY PAYMENT CALCULATED?

    Award calculations were done separately for each individual Settlement Class Member using each class member’s own account and Overdraft Fee history and applying the formula set forth in the Court-approved Settlement Agreement. Not every Overdraft Fee that was charged is eligible for payment under this Settlement; in general, only those Overdraft Fees that would not have been assessed but for the high to low posting order were eligible for compensation under the Settlement. Only a small percentage of all Overdraft Fees charged to Capital One customers were affected by high to low posting. And, of the Overdraft Fees that were eligible, only a portion or a percentage of those fees is payable to each Settlement Class Member as their pro rata share of the Net Settlement Fund.

    The Settlement Agreement is available here and describes, in detail, the calculation and allocation of Settlement Funds.

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  5. CAN I DISPUTE MY AWARD OR RECEIVE MORE MONEY?

    No. The deadline to object to the Settlement was April 8, 2015. The Court approved the Settlement on May 22, 2015.

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  6. CAN I REQUEST A CHECK INSTEAD OF AN ACCOUNT CREDIT?

    No. The Settlement Agreement specifies what categories of Settlement Class Members received an account credit or a mailed check. In general, Settlement Class Members who no longer have an Account received a mailed check, and Settlement Class Members who currently have an Account received an account credit.

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  7. HOW DO I DEPOSIT MY CHECK THAT SAYS “FOR DEPOSIT ONLY”?

    If your Settlement check is for $100.00 or more, it has a “For Deposit Only” restriction as a fraud prevention measure. If you are unable to deposit the Settlement check into your bank account and/or unable to cash the check at another bank or check cashing agency, you may request that a replacement check be issued to you without ‘For Deposit Only’.

    To request a replacement check, please return the original check to the Settlement Administrator at Capital One Overdraft Settlement, PO Box 3219, Portland, OR 97208- 32319, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include an instruction that the replacement check be issued to you without the ‘For Deposit Only’ restriction.

    You must submit your request no later than March 21, 2016.

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  8. HOW CAN I RECEIVE A NEW CHECK IF I LOST MINE?

    If you have lost the Settlement check, you may request that a replacement check be issued and mailed to you. To request a replacement check, you must submit a signed written request to the Settlement Administrator at Capital One Overdraft Settlement, PO Box 3219, Portland, OR 97208- 3219, asking that a replacement check be issued and mailed to you. The replacement check will be issued and mailed to you.

    You must submit your request no later than March 21, 2016.

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  9. WHAT DO I DO IF THE PERSON ON THE CHECK IS DECEASED?

    First, please go to your financial institution in which you are a current account holder as they may cash/deposit the check if documentation regarding the status of the account holder and your status as the beneficiary/executor is presented.

    If your Settlement check is for $100.00 or greater and your bank will not cash the check, please return the original check to the Settlement Administrator, along with a letter of instruction, proof of beneficiary/executor and proof of death of the person named on the check (i.e., copy of death certificate).

    If your Settlement check is for an amount less than $100 and your bank will not cash the check, please return the original check to the Capital One Overdraft Settlement, signed under penalty of perjury, declaring that you are lawfully designated to receive the funds on behalf of the deceased class member.

    Please send the original check, written reissue request and any supporting documentation to:

    Capital One Overdraft Settlement
    PO Box 3219
    Portland, OR 97208-3219

    You must submit your request no later than March 21, 2016.

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  10. HOW CAN I HAVE MY CHECK REISSUED UNDER A NEW NAME (e.g. LAST NAME CHANGE)?

    First, please go to your financial institution in which you are a current account holder as they may deposit or cash the check if the documentation regarding the status of your name change is presented.

    If your bank will not deposit or cash your check, please return the original check to the Settlement Administrator at Capital One Overdraft Settlement, PO Box 3219, Portland, OR 97208-3219, accompanied by a signed written request asking that a replacement check be issued and mailed to you. Please include instructions for the name that should be included on the replacement check. You do not need to provide documentation for the name change.

    You must submit your request no later than March 21, 2016.

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  11. WHAT IS THIS LAWSUIT ABOUT?

    The lawsuit claimed that Capital One posted Debit Card Transactions in the order of highest to lowest dollar amount, which Plaintiffs argue results in an increased number of Overdraft Fees assessed to customers. The complaint in this Action is posted here and contains all of the allegations and claims asserted against Capital One. Capital One maintains that there was nothing wrong about the posting process it used and that it has not violated any laws.

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  12. WHAT DO “ACCOUNT,” “OVERDRAFT FEE,” “DEBIT CARD” AND “DEBIT CARD TRANSACTION” MEAN?

    “Account” means any consumer checking, demand deposit or savings account maintained by Capital One in the United States accessible by a Debit Card.

    “Overdraft Fee” means any fee assessed to an Account for items paid when the Account has insufficient funds to cover the item. Fees charged to transfer funds from other accounts are excluded.

    “Debit Card” means a card or similar device issued or provided by Capital One, including a debit card, check card, or automated teller machine (“ATM”) card that can be used to debit funds from an Account by Point of Sale and/or ATM transactions.

    “Debit Card Transaction” means any debit transaction effectuated with a Debit Card, including Point of Sale transactions (whether by PIN or signature/PIN-less) and ATM transactions. For avoidance of doubt, "Debit Card Transaction" does not include a debit transaction effectuated by check, by preauthorized transaction, by wire transfer or Automated Clearing House ("ACH") transaction, or a transfer to another account such as a credit card account or line of credit.

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  13. WHY IS THIS A CLASS ACTION?

    In a class action, one or more people called class representatives (in this case, Leanne Steen and Terrance Menywether) sue on behalf of people who have similar claims.

    All of the people who have claims similar to the class representatives are members of the Settlement Class, except for those who timely exclude themselves from the class.

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  14. WHY IS THERE A SETTLEMENT?

    The Court has not decided in favor of either the Plaintiffs 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 this notice. The class representatives and their attorneys think the Settlement is best for everyone who is affected.

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  15. WHO IS INCLUDED IN THE SETTLEMENT?

    If you previously received notice of the Settlement from a postcard addressed to you, then you are in the Settlement Class. But even if you did not receive a postcard with Settlement notice, you may still be in the Settlement Class, as described below.

    You are included in the Settlement Class if you had one or more Capital One consumer checking accounts (including former customers of Hibernia Bank and North Fork Bank) that you could access with a Debit Card and, at any time during the Class Period applicable to the state in which the Account was opened, incurred one or more Overdraft Fees as a result of Capital One’s practice of posting Debit Card Transactions from highest to lowest dollar amount. The Class Periods are as follows:

    • For Accounts opened in Louisiana, the period from July 1, 2002 through August 15, 2010;
    • For Accounts opened in Connecticut, New York or New Jersey, the period from October 21, 2004 through August 15, 2010;
    • For Accounts opened in Texas, the period from May 18, 2006 through August 15, 2010; and
    • For Accounts opened in Virginia, the period from May 18, 2004 through August 15, 2010.

    In order to have incurred an Overdraft Fee as a result of Capital One’s practice of posting Debit Card Transactions from highest to lowest dollar amount, you must have had two or more Overdraft Fees assessed on one or more days during the time periods listed above. If this happened to you, you may be in the Settlement Class. If it did not happen to you, you are not a member of the Settlement Class. Further, you are not eligible for a payment under the Settlement if your Account was closed with a negative balance and the amount of the benefits that would otherwise be provided for in the Settlement would be insufficient to make the balance in that Account positive. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.

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  16. WHAT DOES THE SETTLEMENT PROVIDE?

    Capital One established a Settlement Fund of $31,767,200 from which Settlement Class Members may receive payments or Account credits. The Settlement Fund will also pay all attorneys’ fees, costs and expenses awarded to Class Counsel, and Service Awards to Class Representatives. The amount of payments or Account credits to Settlement Class Members has been determined based on the number of Settlement Class Members and the amount of Additional Overdraft Fees each Settlement Class Member paid as a result of Capital One’s posting order practice. Capital One is separately paying for Settlement administration and related costs; such amounts will not come out of the $31,767,200 Settlement Fund.

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  17. HOW DO I RECEIVE A PAYMENT OR ACCOUNT CREDIT?

    Settlement Awards were distributed August 28, 2015. The court approved the Settlement on May 22, 2015.

    Eligible Settlement Class Members who have a current Capital One account received a customer account credit on August 26, 2015.

    Eligible Settlement Class Members who no longer have a current Capital One account were mailed a settlement check on August 28, 2015.

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  18. WHAT AM I GIVING UP TO STAY IN THE SETTLEMENT CLASS?

    Unless you timely excluded yourself from the Settlement Class by the April 8, 2015 deadline, you cannot sue, continue to sue or be part of any other lawsuit against Capital One about the legal issues in this case. It also means that all of the decisions by the Court will bind you. The “Release of Claims” included in the Settlement Agreement describes the precise legal claims that you give up if you remain in the Settlement. The Settlement Agreement is available here.

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  19. HOW DO I GET OUT OF THE SETTLEMENT?

    The deadline to opt out of the Settlement was April 8, 2015. The court approved the Settlement on May 22, 2015.

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  20. IF I DO NOT EXCLUDE MYSELF, CAN I SUE CAPITAL ONE FOR THE SAME THING LATER?

    No. Unless you excluded yourself by the April 8, 2015 deadline, you have given up the right to sue Capital One for the claims that the Settlement resolves. You must have timely excluded yourself from this Settlement Class in order to try to pursue your own lawsuit.

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  21. IF I EXCLUDED MYSELF FROM THE SETTLEMENT, CAN I STILL RECEIVE A PAYMENT?

    No. You will not receive a payment or Account credit if you excluded yourself from the Settlement.

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  22. DO I HAVE A LAWYER IN THE CASE?

    The Court has appointed a number of lawyers to represent you and others in the Settlement Class as “Settlement Class Counsel,” including:

    Robert C. Gilbert
    GROSSMAN ROTH, P.A
    2525 Ponce de Leon Boulevard
    Suite 1150
    Coral Gables, FL 33134
    Richard Golomb, Esq.
    GOLOMB & HONIK, P.C.
    1515 Market St., Suite 1100
    Philadelphia, PA 19102

    Settlement Class Counsel will represent you and others in the Settlement Class. You will not be separately charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  23. HOW DO I GET MORE INFORMATION?

    The notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement here. You also may write with questions to the Settlement Administrator at info@CapitalOneOverdraftSettlement.com or Capital One Overdraft Settlement, PO Box 3219, Portland, OR 97208-3219 or call the toll-free number, 1-888-230-0062. Do not contact Capital One or the Court for information.

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NOTICE: This website provides a summary of the Litigation and is provided for informational purposes only. In the event of any discrepancy between the text of this website and the original text upon which it is based, the text of the original document shall prevail.


Questions? Contact the Settlement Administrator at 1-888-230-0062 or
by email at info@CapitalOneOverdraftSettlement.com