Capital One Credit Card Lawsuit: What Is Pending, What Paid, What Is Stuck
Questions about this case?
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There is no single Capital One credit card lawsuit. As of October 2026 the live one is a proposed class action over cancelled card rewards, filed April 15, 2026 and still at the motion-to-dismiss stage. A $2.4 million settlement over cardholders wrongly reported as deceased has been approved. The $425 million settlement most people mean is about 360 Savings accounts, not cards, and its payments are frozen by an appeal. None of these has a claim form open today.
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Reviewed by Leonard Goldberg, Editor · Last updated
What the Credit Card Lawsuits Allege
Cancelled rewards (pending). In NTech Consulting LLC v. Capital One, N.A., business and personal cardholders allege that Capital One closed their accounts and wiped out rewards they had already earned, under what the plaintiffs call an undisclosed “policy of revoking rewards whenever a credit card account was closed.” The brief says the card terms promised rewards on “all” purchases, redeemable within 90 days of posting. Cards named include Spark Cash Plus, Quicksilver, Savor and Venture. The claims include breach of contract, unjust enrichment, the Equal Credit Opportunity Act, New York General Business Law §§ 349 and 350, and Massachusetts Chapter 93A. These are allegations; no court has ruled on them.
“Deceased” reporting (settled). Kromrey v. Capital One, N.A. alleged that Capital One told the credit bureaus that living cardholders were deceased and did not fix it after they disputed. Capital One denied wrongdoing and settled.
Interest rates (dismissed). Strange v. Capital One alleged that card interest of about 30% was usurious. A federal judge in Maryland disagreed.
Case Details
Rewards case: NTech Consulting LLC v. Capital One, N.A., No. 3:26-cv-00308, U.S. District Court for the Eastern District of Virginia (Richmond), Judge Roderick C. Young. The suit was filed April 15, 2026, an amended complaint followed on June 29, 2026, Capital One moved to dismiss, and the plaintiffs filed their opposition on July 24, 2026.
Deceased-reporting case: Kromrey v. Capital One, N.A., No. 3:24-cv-00575 (E.D. Va.), Judge Robert E. Payne, filed August 13, 2024.
Interest-rate case: Strange v. Capital One, U.S. District Court for the District of Maryland. Judge Theodore Chuang dismissed it on July 20, 2026.
Not about cards: In re: Capital One 360 Savings Account Interest Rate Litigation, MDL No. 3111, No. 1:24-md-03111 (E.D. Va.), Judge David J. Novak, on appeal to the Fourth Circuit as No. 26-1807. The 2019 Capital One data breach was handled as MDL No. 2915 before Judge Anthony J. Trenga and is finished.
Status as of October 2026, Case by Case
Deceased-reporting settlement: approved. The $2.4 million fund is non-reversionary. A Final Approval Order exists — Capital One filed it as an exhibit in another case on August 12, 2026. Payments under the agreement go by mail to the address on the class list. We could not confirm whether checks have gone out.
Interest-rate case: dismissed on July 20, 2026, for failure to state a claim. Nobody gets anything from it.
360 Savings settlement: approved, then appealed. Judge Novak granted final approval of the $425 million deal on April 20, 2026. A class member filed a notice of appeal on June 17, 2026. Payments had been set to start around July 21, 2026. The administrator’s filing now says they are “substantially delayed (potentially over one year).”
2019 data breach settlement: payments finished. All payments to claimants are complete, and the only benefit left is free identity services, which run until February 13, 2028.
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There's no claim deadline yet. We'll email you if a settlement opens a claim period.
Latest From the Court Docket
Recent entries in the federal case behind this page, taken from the court's own docket. We check it at least once a day; this list is as of Oct 11, 2026.
Case: NTech Consulting LLC v. Capital One, N.A., No. 3:26-cv-00308 (E.D. Va.)
Aug 11, 2026
Set Hearings: Settlement Conference set for / / at : AM in Richmond Judges Chamber before
Aug 7, 2026
ORDER REGARDING PROCEDURES FOR SETTLEMENT CONFERENCE The Court has scheduled this case for
ECF No. 32
Jul 30, 2026
Reply to MOTION to Dismiss for Failure to State a Claim
ECF No. 31
Jul 30, 2026
ORDER - This matter is before the Court on its own initiative
ECF No. 30
Jul 29, 2026
ORDER - It is hereby ORDERED that this matter is REFERRED to United States Magistrate Judg
ECF No. 29
A docket entry is a step in the case, not a decision on who wins. Sources: the courts' PACER feeds and CourtListener (Free Law Project). Not legal advice.
Which Capital One Case, If Any, Covers You
Your card was closed and you lost earned rewards: that is the subject of the rewards case. It is a proposed class, so there is nothing to join. Keep your closure letter and screenshots of your rewards balance.
You were reported as deceased on a Capital One credit card account: you may be in the Kromrey class. It covers people whose card account was reported as deceased, who disputed it with a credit bureau between August 13, 2019 and preliminary approval, and whose reporting Capital One did not correct. Class members were identified from Capital One’s records, and you did not have to file anything.
You had a 360 Savings account at any time from September 18, 2019 to June 16, 2025: you are in the $425 million class automatically. This is a bank account, not a card. Cash goes only to the primary account holder.
You were notified about the 2019 Capital One data breach: you can still sign up for the free identity services. The cash deadlines passed long ago.
How Much, and When
Deceased-reporting settlement: the $2,400,000 fund pays fees and costs first. What is left is split equally among class members and mailed out. We have not found a confirmed per-person amount or payment date.
360 Savings settlement: each share is based on the extra interest you would have earned at the 360 Performance Savings rate, after fees and costs. Nothing will be paid until the Fourth Circuit appeal is resolved, and the administrator has said the delay could exceed a year. Our Capital One settlement calculator gives a rough estimate of a share.
Data breach settlement: all cash payments are complete and uncashed checks are void. You can still enroll in the identity services: call Pango at 833-317-4821 for a code. The free restoration line is 505-896-7416.
How cases like this one end
Our copy of the federal courts’ own case database covers 83,315 other statutory actions casesclosed in U.S. federal district courts between 2015 and 2026, 11.8% of them filed as class actions:
- 25.6% ended in a settlement recorded by the court. Another 22.4% were dismissed voluntarily, which often follows a private settlement — so the real settlement share sits between 25.6% and 47.9%.
- 7.4% were decided on a motion before any trial.
- 1 in 156 reached a trial (0.6%), after a median of 21.8 months.
- Median time from filing to the end of the case: 4.9 months.
- Only 1,756 of them (2.1%) record a money award at all; the median of those is $199,500.
These are base rates for this type of case (federal other statutory actions cases) — not a prediction about this lawsuit, and not legal advice. Source: Federal Judicial Center, Integrated Database (civil), analysed by Settlement Insight. Cases heard in state courts are not included.
Capital One Card and Bank Cases Timeline
- 1
September 13, 2022 — Data Breach Settlement Approved
The 2019 breach settlement gets final approval. The claim deadline was September 30, 2022. The first payments went out September 28, 2023, and second payments September 4, 2024.
- 2
August 13, 2024 — Deceased-Reporting Suit Filed
Kromrey v. Capital One (3:24-cv-00575) is filed in Richmond, alleging that living cardholders were reported to the credit bureaus as deceased.
- 3
April 15, 2026 — Rewards Class Action Filed
NTech Consulting v. Capital One (3:26-cv-00308) alleges that Capital One cancelled earned rewards when it closed card accounts.
- 4
April 20, 2026 — $425M 360 Savings Deal Approved
Judge Novak grants final approval after rejecting an earlier version on November 6, 2025. The appeal bond is set at $25,000.
- 5
June 17 to July 20, 2026 — Appeal and Dismissal
A class member appeals the 360 Savings approval (Fourth Circuit No. 26-1807). On July 20, 2026, a Maryland judge dismisses the Strange interest-rate suit.
- 6
October 2026 — Where Things Stand
The rewards case is pending a ruling on the motion to dismiss. The $2.4M deceased-reporting settlement is approved. 360 Savings payments are on hold pending the appeal.
Court Documents
Read the key filings yourself. We host copies of the public court record, free to read and share.
Case: Kromrey v. Capital One, N.A., No. 3:24-cv-00575 (E.D. Va.)
- ComplaintAug 13, 2024 · ECF No. 1 · 19 pages · PDF, 262 KB
- Motion for Preliminary Approval of SettlementAug 1, 2025 · ECF No. 50 · 2 pages · PDF, 184 KB
A complaint states one side's allegations; only the court's orders decide anything. Copies of federal court records (PACER) via CourtListener, Free Law Project. Not legal advice.
Three Things to Watch For
Several cases, two of them with large dollar figures, make an easy story for imposters:
“Claim your Capital One credit card settlement”
No Capital One credit card case has a claim form open today. The rewards case has no settlement, and the deceased-reporting settlement pays automatically by mail. A page asking for your card number or Social Security number to “file” is collecting data.
“Pay a fee to release your $425M payment”
360 Savings payments are frozen by the appeal, and nobody can speed them up. A real administrator never charges a fee or asks you to log in to your Capital One account through a link.
Data breach “reissue” offers
The official breach settlement site says all payments are complete and no reissue requests are accepted. Anyone offering to reissue a 2019 breach check is not the administrator.
Capital One Credit Card Lawsuit — Questions People Actually Ask
What is the lawsuit against Capital One credit card?
The active lawsuit against Capital One credit card practices is NTech Consulting v. Capital One, No. 3:26-cv-00308 in federal court in Richmond, Virginia. It alleges that Capital One closed accounts and cancelled rewards cardholders had already earned. As of October 2026 it is at the motion-to-dismiss stage, with no settlement.
Is there a Capital One credit card settlement I can claim?
Not with a claim form. The one credit card settlement we found is the $2.4 million Kromrey deal for people wrongly reported as deceased. It does not use claims: payments go by mail to class members identified from Capital One’s records.
Am I eligible for Capital One settlement?
It depends which one. You are in the 360 Savings settlement if you held a 360 Savings account between September 18, 2019 and June 16, 2025. You are in the Kromrey settlement only if Capital One reported you as deceased on a card account and did not correct it after a dispute. The 2019 breach settlement now offers only identity services, until February 13, 2028.
How much is each person getting from Capital One settlement?
No per-person figure has been published for either settlement. In the $425 million 360 Savings deal, each share depends on the interest gap between 360 Savings and 360 Performance Savings on your balance, after fees. In the $2.4 million Kromrey deal, the net fund is split equally.
How do I check the status of my Capital One settlement?
For 360 Savings, use the official site at capitalone360savingsaccountlitigation.com. As of October 2026, payments are on hold during the Fourth Circuit appeal (No. 26-1807). For the 2019 breach, see capitalonesettlement.com, which says all payments are complete.
Was there a Capital One credit card data breach?
Yes. The 2019 Capital One data breach affected credit card applicants and customers. It was resolved as MDL No. 2915, with final approval on September 13, 2022. Cash payments are finished, and free identity monitoring and restoration services remain available until February 13, 2028.
Did a court rule on Capital One's credit card interest rates?
Yes. In Strange v. Capital One, a cardholder argued that rates of about 30% were usurious. Judge Theodore Chuang of the District of Maryland dismissed the case on July 20, 2026, holding that Virginia law lets banks charge the rate agreed in the card agreement.
Is a Capital One credit card class action lawsuit notice real?
Check what it is asking for. A real notice names the case and the court and never asks for a fee. Any class action lawsuit Capital One credit card notice that asks you to file a claim today is suspect, because no card case is taking claims. If you are unsure, compare it against the court docket.
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.
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