One of the largest banks in the US denied customers access to their money for days and placed their lives in disarray as a result, according to a new class action lawsuit.
Lead plaintiff Daniel Zepeda says that between January 15th and 18th this year, the McLean, Virginia-based lender “left thousands of banking customers unable to access their bank accounts, process payments, or receive direct deposits” following an outage.
The proposed lawsuit alleges Capital One failed to restore access in a timely manner.
“This lawsuit seeks damages and injunctive relief arising from Defendants’ unlawful conduct, including denying account holders’ access to their funds, failing to make funds available in a timely matter, and misappropriating funds held in Capital One accounts…
Many struggled to pay for essential needs such as food, rent, electricity, and gas. Additionally, the inability to pay household bills led to the accrual of late fees, further compounding the financial strain.”
Zepeda says he transferred $280 from his Wells Fargo account to a Capital One account around the time of the outage but was unable to access the funds for four full days. This is despite Capital One’s promise when signing up that funds wired to his checking account would be available on the day of being deposited.
“Capital One’s failure to make Mr. Zepeda’s funds available caused him harm for which Capital One owes him interest at the applicable rate for the late payment of his funds.
Capital One also owes him any profit it made while holding the funds in the “float” when those funds were supposed to be in Mr. Zepeda’s account for him to access.”
The lawsuit is seeking restitution and injunctive relief for the affected customers in a trial by jury.
“Plaintiff and Class members seek compensatory damages, interest for Capital One’s late transfer of deposits, punitive damages where appropriate and permitted by law, injunctive relief to prevent the continuation of Capital One’s misconduct, as well as restitution and disgorgement of improperly obtained funds.”
Capital One is currently the ninth-largest bank in the US with approximately $483.4 billion in total assets, according to Federal Reserve data.
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