A new class-action lawsuit accuses one of the largest banks in the US of failing to properly investigate and handle fraud claims while wrongfully denying customers millions of dollars in reimbursement.
The proposed suit, filed by Leah Walton on behalf of herself and others similarly situated, says the plaintiff’s problems began when her Capital One debit card was stolen from her car in March of 2023.
After the card was stolen, Walton says $1,500 vanished from her account.
The California woman immediately informed Capital One, but was essentially ignored by the bank, according to the lawsuit.
“Immediately after plaintiff learned that her debit card was stolen out of her car along with other personal items, she alerted Capital One to the loss and submitted a fraud claim with substantial factual proof identifying nearly $1,500 in unauthorized charges.
Capital One offered her a ‘provisional credit’ for the fraudulent amount. Later, Capital One summarily denied plaintiff’s claim on the grounds that it ‘didn’t find an error,’ and closed plaintiff’s checking account.”
Walton’s lawyers say that she wasn’t given any opportunity to contest the bank’s decision, nor was she given any explanation on how it reached the conclusion that there was no “error” in the transactions.
Instead, Walton was “mechanically rejected” by Capital One without a reasonable investigation and was then sent denial letters “devoid of any factual findings or documentation from its alleged investigation.”
Despite promising that consumers won’t be liable for their losses if their card is lost or stolen if they report it in a timely manner, Capital One “fails to honor its promises,” according to the suit.
The lawsuit alleges Capital One broke the Electronic Fund Transfer Act (EFTA), the federal law that protects consumers in regard to debit cards, ATMs and automatic withdrawals from banks.
“Capital One fails to comply with its statutory obligations by failing to provide written explanations of its denials.
Instead, Capital One routinely denies claims without any explanation whatsoever, stating only its conclusion in a form email that it “didn’t find an error.””
Walton and her lawyers are currently requesting a jury trial over the incident.
Capital One is the ninth-largest chartered commercial bank in the US, holding $478.28 billion in assets under management as of March 31, 2024.
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