ATM Balance Inquiry Fee Settlement Program

Figueroa v. Capital One, N.A., Case No. 3:18-cv-00692-JM-BGS (S.D. Cal.)

The Court's judgment approving the ATM Balance Inquiry Fee Settlement became effective on February 22, 2021, and the Settlement Administrator began issuing settlement awards on May 24, 2021. Settlement Class Members who do not receive a settlement check or need to request that their check be reissued may submit a check reissuance request.

Welcome to the Website for the Figueroa v. Capital One, N.A. Out of Network (OON) ATM Balance Inquiry Fee Settlement Program.

If you are a current or former Capital One customer who incurred at least one Out of Network (“OON”) ATM Balance Inquiry Fee during the Class Period, you may be entitled to benefits from this proposed class action Settlement.

A Settlement has been reached in the Southern District of California (the “Court”) called Figueroa v. Capital One, N.A., Case No. 3:18-cv-00692-JM-BGS (S.D. Cal.), claiming that Capital One, N.A. (“Capital One”) breached its contract with accountholders and improperly assessed and collected fees when accountholders used an out of network ATM to conduct a balance inquiry. Capital One maintains it did nothing wrong, but has agreed to settle the lawsuit to avoid the cost, delay, and uncertainty of litigation.

Important Dates

Class Period

Click here to view your class period

Exclusion Deadline

Monday, October 26, 2020

Objection Deadline

Monday, October 26, 2020

Final Approval Hearing

Monday, January 11, 2021


Do Nothing and Receive a Payment or Account Credit

If you are entitled under the Settlement to a payment or account credit, you do not have to do anything to receive it. If the Court approves the Settlement and it becomes final and effective, and you remain in the Settlement Class (i.e., you do nothing and do not otherwise exclude yourself from the Settlement), you will automatically receive a payment or account credit.
Exclude Yourself From the Settlement

Deadline: October 26, 2020

Instead of doing nothing, you may ask to be excluded from the lawsuit. If you do so, you will receive no benefit from the Settlement, but you retain your right to sue on your own.


Deadline: October 26, 2020

You may object to the terms of the Settlement Agreement and have your objections heard at the January 11, 2021 Final Approval Hearing.

These rights and options – and the deadlines to exercise them – are explained in the Notice.

The Court in charge of this case still has to decide whether to approve the Settlement. Payments and account credits will be provided if the Court approves the Settlement and after any appeals are resolved. Please be patient.

NOTE: This website provides a summary of the Settlement 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. Any capitalized terms used here have the meanings set forth in the Settlement Agreement.