Lashambae v. Capital One Bank, N.A.

Account credits were issued pursuant to the terms of the class action Settlement Agreement. As long as you did not exclude yourself or “opt out” of the Settlement, you were automatically entitled to an award.

The Account credit is final and represents the full amount to which you are entitled under the terms of the settlement.

Account credits to Class Members with active affected Accounts were issued Late January 2021.

Settlement checks were issued pursuant to the terms of the class action Settlement Agreement. As long as you did not exclude yourself or “opt out” of the Settlement, you were automatically entitled to an award.

The check amount is final and represents the full amount to which you are entitled based upon the terms of the Settlement.

Please negotiate the check promptly. Checks indicate when they expire and are not negotiable after this date.

Checks for Class Members with closed affected Accounts were mailed on January 29, 2021.

All reissue requests must be sent in writing to the Settlement Administrator at the address listed below. All requests must include your full name, your return address, and your signature.

Lashambae Settlement Administrator
P.O. Box 6389
Portland, OR 97228-6389

If the name of the Class Member on the check should be changed, please send in documentation, as applicable, according to the following list:

• Name Change – If your name has changed, please provide documentation showing this to be the case, which can include documents such as a marriage certificate, divorce decree, or court papers indicative of a name change.
• Name Removal – In order to have a name removed from a check reissue, either have both parties on the check sign a letter requesting the name to be removed, or provide documentation that shows that one party is unable to negotiate the check (i.e. death certificate).
• Deceased Class Member – If the Class Member indicated on the check is deceased, please submit acceptable documentation showing that you are the beneficiary of his or her Estate. Acceptable documentation is a death certificate, together with the pertinent portion of the Will, or Court Order/Letters Testamentary naming you as Personal Representative, Administrator, Executor, or Executrix.
• Incapacitated Class Member – If the Class Member cannot act on his or her own behalf, acceptable documentation is a Power of Attorney, or guardianship or custodial paperwork.
• Closed Business – If you are the legal representative of a business which is no longer active, please include a letter with instructions for the name that should be included on the replacement check, as well as documentation proving you are authorized to act on behalf of the business. Documentation may include Articles of Incorporation, Articles of Organization, Articles of Dissolution, or any other similar legal documentation that explicitly states the individual is an acting party for the business.

We will review the letter and documentation and will contact you if more information is required.

For reasons of security, a check reissue cannot take place until either the original check is received back by us, a mailing has been returned to us as undeliverable, or until the original stale date of the check has passed or expired.

Because one of these events must occur before we can act on your request, it is not possible for us to provide an estimated date for the reissue to take place. We thank you for your patience.

You cannot dispute the amount of your Settlement payment, and the deadline to object was August 7, 2020.

The amount of your Settlement payment is final and represents the amount to which you were entitled under the terms of the Settlement Agreement. The Court approved the Settlement, including the methodology used to compute the amount of Settlement payments, on October 21, 2020.

A Court authorized the Class Notice and this website because you had the right to know about the Settlement of this class action lawsuit and about all of your options before the Court decided whether to grant final approval to the Settlement. The Court granted final approval to this Settlement on October 21, 2020. The Class Notice explains the lawsuit, the Settlement, and your legal rights.

Magistrate Judge Vera M. Scanlon, of the U.S. District Court for the Eastern District of New York, is overseeing this case. The case is known as Lashambae v. Capital One Bank, N.A., No. 1:17-cv-06406 (E.D.N.Y.) (the “Action”). The person who sued is called the “Plaintiff.” The Defendant is Capital One.

Puede obtener una copia del Aviso en Español aqui.

The lawsuit alleges that Capital One improperly charged overdraft fees on one-time Lyft transactions to customers who did not opt into the Bank’s Debit Card Overdraft Service. The causes of action asserted in the complaint are for breach of contract and violation of New York General Business Law § 349. The complaint contains all of the allegations and claims asserted against Capital One and can be obtained here, or by making a written request to the Settlement Administrator following the instructions in FAQ 21.

Capital One denies the allegations asserted in the Action and maintains it did nothing wrong.

“Account” means any consumer checking account maintained by Capital One in the United States and its territories.

“Debit Card Overdraft Service” means the service by which Capital One, with the account holder’s affirmative consent, and at its sole discretion, may authorize and pay a one-time debit card or ATM transaction when the account holder has insufficient funds to cover the transaction and may charge an overdraft fee when the transaction is paid.

In a class action, one or more people, called class representatives (in this case, one Plaintiff Chris Lashambae), sue on behalf of people who have similar claims. The people included in the class action are called the Settlement Class or Settlement Class Members. One court resolves the issues for all Settlement Class Members, except for those who timely exclude themselves from the Settlement Class.

The Court has not decided in favor of either the Plaintiff or Capital One. Instead, both sides agreed to the Settlement. By agreeing to the Settlement, the Parties avoid the costs and uncertainty of a trial, and Settlement Class Members receive the benefits as described in FAQ 7. The Class Representative and his attorneys think the Settlement is best for everyone who is affected.

The Settlement Class includes all present and former Capital One consumer checking account holders in the United States and its territories who were not opted in to Capital One’s Debit Card Overdraft Service for ATM and everyday debit card transactions, and who were charged overdraft fees from May 1, 2013, through and including March 30, 2020, on a Lyft transaction that was coded as recurring.

If this did not happen to you, you are not a member of the Settlement Class. You may contact the Settlement Administrator if you have any questions as to whether you are in the Settlement Class.

Capital One has agreed to establish a Settlement Fund of $320,633 (also called the “Settlement Amount”) from which Settlement Class Members will receive payments or Account credits. The amount of such payments or Account credits cannot be determined at this time. Your share of the Settlement Amount will depend on, among other things:

1. The number of Lyft Overdraft Fees that you paid;
2. The amount of settlement administration costs, including the costs of notice;
3. The amount awarded by the Court for attorneys’ fees and costs and as service awards to the Class Representative; and
4. The number of persons who exclude themselves from the Settlement Class.

The Settlement provides that Class Counsel may seek up to 30% of the Settlement Amount, or $96,190, to reimburse Class Counsel for attorneys’ fees, and that the Class Representative may seek $5,000 as a Service Award.

If you are in the Settlement Class and entitled to receive a payment, you do not need to do anything to receive a payment or Account credit. As the Court approved the Settlement and it has become final and effective, you will automatically receive a payment or Account credit.

The deadline to exclude yourself from, or opt out of this Settlement was August 7, 2020.

If you excluded yourself from, or opted out of this Settlement, you preserved and did not give up any of your rights to sue Capital One Bank for the claims alleged in this case. However, you are not entitled to receive a payment from this Settlement.

You could have told the Court that you do not agree with the Settlement or any part of it.

If you are a Settlement Class Member, and you did not choose to “opt-out” or exclude yourself from the Settlement, you could have objected to any part of the Settlement, the Settlement as a whole, Class Counsel’s requests for fees and expenses, and/or Class Counsel’s request for a Service Award for the Plaintiff. However, the deadline to do so was August 7, 2020.

Objecting is telling the Court that you do not like something about the Settlement. You can object to the Settlement only if you do not exclude yourself from the Settlement. Excluding yourself from the Settlement is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Settlement, you have no basis to object to the Settlement because it no longer affects you.

The Court has appointed lawyers to represent you and others in the Settlement Class as “Class Counsel,” including:

Class Counsel will represent you and others in the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel requested thirty percent (30%) of the Settlement Amount for attorneys’ fees, plus reimbursement of their expenses incurred in connection with researching, preparing for, prosecuting and litigating this case. The Court awarded Class Counsel $96,190.00 for attorneys’ fees and $1,739.25 for reimbursement of their expenses, for a total of $97,929.25. The fees and expenses awarded by the Court have been paid out of the Settlement Fund. The Court determined the amount of fees and expenses to award.

Class Counsel also requested that a Service Award of $5,000.00 for the Named Plaintiff be paid from the Settlement Fund for his service to the entire Settlement Class as the Class Representative. The Court approved this request and the Named Plaintiff’s Service Award was paid out of the Settlement Fund.

The Court held a Final Approval Hearing at 11:00 a.m. on October 21, 2020, in the Courtroom of The Honorable Vera M. Scanlon, U.S. District Court for the Eastern District of New York, located at 225 Cadman Plaza East, Brooklyn, New York 11201.

At this hearing, the Court considered whether the Settlement is fair, reasonable, and adequate. The Court also considered any request by Class Counsel for attorneys’ fees and expenses, and for a Service Award for the Named Plaintiff. There were no objections to the Settlement. After the hearing, the Court decided to approve the Settlement.

If you do nothing, you will still receive the benefits to which you are entitled. Unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit or be part of any other lawsuit against Capital One relating to the legal issues in this case or the conduct alleged in the Complaint.

This website and the Long-Form Notice summarizes the proposed Settlement. More details can be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement here. You may also write with questions to Lashambae Settlement Administrator, P.O. Box 6389, Portland, OR 97228-6389, or call the toll-free number, 1-877-213-1930.

Do not contact Capital One or the Court for information.