Capital One Hit with Class Action Over Fees for ATM Balance Inquiries

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A proposed class action lawsuit filed against Capital One, N.A. accuses the bank of unlawfully assessing fees for balance inquiries performed at its own in-network ATMs. Filed in California, the case takes additional umbrage with Capital One’s alleged practice of hitting consumers with two fees for balance inquiries preceding cash withdrawals performed on out-of-network ATMs.

“Capital One’s contract documents plainly and expressly promise its accountholders that they will not incur fees for use of in-network ATMs,” the complaint states. “Yet Capital One does charge its accountholders for balance inquiries undertaken at its own ATMs.”

The lawsuit states that not only does the defendant charge a fee simply for using one of its ATMs, a charge the case says averages $3, but the bank allegedly fails to adequately inform customers that they will be hit with two separate fees for using out-of-network ATMs. Moreover, the complaint says Capital One accountholders are sometimes charged a third fee for withdrawing funds from an out-of-network ATM—one fee for the ATM operator and two fees paid to Capital One, according to the case.