Capital One Bank v.suit Filed
A Wisconsin man has recently filed a lawsuit against Capital One Bank following numerous attempts by him to prevent them from sending him hundreds of unwanted credit card offers via mail. The complaint against him asserts that he has been repeatedly denied approval of credit card accounts. As well, the complaint against him says that Capital One repeatedly instructed him not to apply for any more accounts after he had already received several rejections. In addition, Capital One has allegedly instructed Mr. Witmer that he should destroy all documents relating to previous applications for credit at Capital One.
On March 6th, Capital One Bank sent a Cease & Desist letter to Mr. Witmer informing him that he could not continue to receive credit or debit card transactions on accounts that he had already closed. The bank sent him a letter stating that the transaction had been in error, had caused him to be illegally denied approval, and that he should expect to be charged for the overdraft fees. Mr. Witmer responded to the bank denying that he had been improperly denied approval. On April 7th, Capital One filed a lawsuit against Mr. Witmer in federal court in Madison, Wisconsin, claiming that he did not have the authority to close his account.
Mr. Witmer’s lawsuit is part of a group of lawsuits filed against Capital One Bank in Wisconsin by individuals who say they were similarly abused by the same company. These individuals are seeking compensation for losses, damages, and interest due to the breach of their credit accounts. The lawsuit was filed on behalf of all similarly abused customers who are owed a total amount not to exceed $7500. There is no indication that Capital One Bank plans to settle the lawsuit, so those wishing to file a claim are advised to do so as soon as possible.
Capital One Bank has hired the services of a law firm to represent them in the lawsuit filed against them. Attorney Edward G. Moses represents the bank in Wisconsin. The bank’s attorneys in the matter are David E. Schwimmer and Thomas J. Devaney, Jr. Capital One Bank has also hired an insurance firm to protect the assets of the bank and to cover any liability claims that may result from the lawsuit filed against it.
According to the attorney in the case, over twenty claims have been filed in Wisconsin Class Action Lawsuits filed by former customers who say that the bank breached its duty of care when it sold the bank a large sum of money without first finding out whether it was actually worth the amount it was sold. The bank sold a billion dollar account to a private investor without conducting a real estate appraisal, according to the complaint. Another lawsuit says that Capital One repeatedly sold a product to customers that it said was worth a one million dollar investment but that it was actually worth only a hundred thousand dollars. In another case, Capital One was ordered to pay an out-of-state court costs and fees after a judge ordered it to pay over six million dollars in judgments to claimants. A class-action lawsuit in California has been pending for over three years against Capital One Bank.
In terms of how a Class Action lawsuit might work in your situation, if you are a Class Action plaintiff and you file a lawsuit against Capital One Bank, you would receive final approval from the court allowing you to sue the bank and receive a settlement. Final approval only means that the lawsuit is not currently active and there are no judgments or settlements pending. Once you receive final approval, you would start depositions from various witnesses and would be making requests for discovery from either party, as well. It is at this point that both parties can settle out of court before going into court.