Outcome: $320,633.00 Settlement
Lashambae v. Capital One Bank, N.A., Case No.: 1:17-cv-06406 in the United States District Court for the Eastern District of New York
A class action settlement for $320,633.00 was finalized against Capital One Bank (“Capital One”) concerning allegations of unfair and deceptive overdraft fees. The lawsuit, initiated by plaintiff Chris Lashambae in the Eastern District of New York, claimed that Capital One wrongfully assessed overdraft fees on Lyft transactions that were not recurring and unfairly charged to customers who did not consent to Capital One’s Debit Card Overdraft Services—alleging breach of contract and a violation of New York General Business Law. Although Capital One has denied all allegations of wrongdoing and liability, the settlement has been agreed upon without the court’s ruling on the case’s merits. Class counsel included TZ, among two other consumer advocacy firms, ensuring dedicated representation for the affected individuals in this settlement.
The settlement’s ramifications provide a financial reprieve to current and past holders of Capital One consumer checking accounts who faced the said overdraft fees. Specifically, those who were not enrolled in Capital One’s overdraft protection at the time they incurred an overdraft fee from a Lyft transaction were eligible to obtain remuneration or account credits from the established Settlement Fund. The settlement class encompassed Capital One checking account customers who were subject to overdraft fees stemming from Lyft transactions between May 1, 2023 – March 30, 2020.