Capital One ATM fees 'unconscionable,' class action suit claims

A class action lawsuit filed April 6 charges that Capital One NA imposes unfair ATM fees on in- and out-of-network transactions.

Plaintiff Jacob Figueroa accused Capital One of assessing "unconscionable" ATM fees on balance inquiries made at in-network ATMs, a report by Top Class Actions said.

According to the suit, Figueroa incurred a fee of $2 when he checked his account balance before withdrawing $20 from an in-network ATM, despite the fact that Capital One promises free on-us transactions.

Figueroa further alleged that Capital One charges not one, but two fees for balance inquiries at out-of-network ATMs: one for the inquiry; another for the off-us transaction. This is in addition to the surcharge paid to the operator of the out-of network ATM, the report explained.

Capital One "fails to adequately inform account holders that they will be charged two fees for withdrawing funds at a non-Capital One ATM … and fails to inform them of the amount of the double-fee," the lawsuit alleges.

Figueroa claimed that the foreign machine automatically asked if he wanted to make a balance inquiry before withdrawing cash, and that he would have declined had he known that Capital One would charge him a fee for the service.

In total, the balance inquiry fee, the off-us fee and the ATM operator surcharge came to $7 on a $20 transaction, according to the lawsuit.


The suit is Jacob Figueroa v. Capital One NA, et al., Case No. 3:18-cv-00692, in the U.S. District Court for the Southern District of California.


Topics: Bank / Credit Union, Regulatory Issues, Retail / Off-Premises, Transaction Processing


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