| Case | In re: Capital One 360 Savings Account Interest Rate Litigation, No. 1:24-md-03111-DJN |
| Court | U.S. District Court for the Eastern District of Virginia (appeal pending in the Fourth Circuit) |
| Status | Pending, not accepting claims yet |
| Claim deadline | None announced |
| Estimated payout | No claim needed. Automatic pro rata share of a $425 million fund based on the extra interest each 360 Savings account would have earned at the 360 Performance Savings rate. Amounts not yet set; payments on hold until the appeal ends |
| Proof required | No |
| How to file | Official settlement website (not accepting claims) |
The biggest class action lawsuit Capital One customers can be part of right now is the $425 million 360 Savings settlement, and there is nothing to file. If you had a 360 Savings account at any time from September 18, 2019, through June 16, 2025, you are in the class and will be paid automatically. The catch is timing: a judge approved the deal on April 20, 2026, but a single objector appealed in June, so every payment is frozen until the Fourth Circuit rules. The older Capital One data breach settlement ($190 million) is fully paid out and closed.
Why Your 360 Savings Payment Has Not Arrived
Your payment is late because the settlement cannot take effect while an appeal is open. Checks were expected around late July 2026. Then, in mid June, class member Michelle Coles, a lawyer representing herself, filed a notice of appeal (the administrator dates it June 18; Capital One’s quarterly SEC filing says June 17). She argues the claims were worth far more than $425 million.
Under the settlement agreement, nothing is paid until the “Effective Date,” which only arrives after the approval is upheld or every appeal is dismissed. The official settlement website says the delay could run over a year and that it cannot estimate a payment date. Our guide to how long class actions take explains why appeals slow everything down.
One piece of good news is already live. When we reviewed the administrator’s site in September 2026, its latest notice said Capital One raised 360 Savings rates to match 360 Performance Savings effective August 4, 2026, even though the bank was not yet required to. If you still have the account, check your current APY.
How Much Will Each Class Member Get?
Nobody knows the dollar figure yet, and any site quoting one is guessing. Each payout is a pro rata slice of the net fund, weighted by how much extra interest your account would have earned at the 360 Performance Savings rate. Bigger balances held longer get more. Attorney fees, administration costs, and service awards come off the top first.
The rate gap drives that math. These are the figures from the court-approved FAQ:
| Period | 360 Savings APY | 360 Performance Savings APY |
|---|---|---|
| September 2019 launch | 1.00% | 1.90% |
| April to September 2024 | 0.30% | 4.35% |
| June 2025 | 0.50% | 3.60% |
Three rules decide whether money actually reaches you:
- Primary holder only. Joint owners are class members, but the payment goes to the primary name on the account.
- The $5 rule. If your share is under $5 and you did not pick electronic payment, no check will be mailed. The election deadline was March 30, 2026.
- Old address, missed check. Paper checks go to your last known address, so update it through the settlement website if you have moved. Nothing will arrive by mail until the appeal ends.
Uncashed and undeliverable funds get redistributed to class members if that is cost effective. Whether your payment is taxable depends on your situation; see are settlements taxable.
From $300 Million to $425 Million: How the Deal Changed
The first deal was rejected, and the second one is bigger. The case began in July 2023 as a breach of contract suit and grew into a consolidated banking case before Judge David J. Novak. The allegation: Capital One kept 360 Savings rates low while quietly selling a nearly identical account at a much higher rate to new customers. Capital One denies wrongdoing.
- January 14, 2025: The CFPB sued, claiming customers lost more than $2 billion in interest. It dropped the case on February 27, 2025.
- May 14, 2025: New York Attorney General Letitia James filed her own suit.
- May 2025: The first class deal offered a $300 million fund plus $125 million in future interest. It won preliminary approval on June 16, 2025.
- November 2025: After New York and 17 other states objected, the court denied final approval.
- December 2025 to January 2026: The new $425 million settlement added a permanent rate match. The NY AG backed it and agreed to drop her suit once it takes effect.
- April 20, 2026: Final approval. A court-appointed special master valued the total package, cash plus future interest, at over $1 billion.
The two deals are easy to confuse because both appear in news coverage under “Capital One 425 million.” If you opted out of the first deal, that did not carry over; the second deal required a new opt-out by March 30, 2026.
Capital One Data Breach Settlement: Paid, With One Benefit Left
The Capital One data breach settlement is closed, and you cannot file a new claim for cash. It came from the July 2019 cyberattack that exposed data on about 98 million U.S. consumers. Capital One paid $190 million, with up to $25,000 for documented out-of-pocket losses and up to 15 hours of lost time at $25 or more per hour. The claim deadline was September 30, 2022.
When we checked the data breach settlement site in September 2026, it said first payments went out starting September 28, 2023, second payments on September 4, 2024, and any uncashed check is now void. A detail most coverage skips: every class member, even people who never filed, can still use free identity restoration services through Pango until February 13, 2028. More on similar cases in our data breach settlements list.
Is a Capital One Settlement Claim Message Legit?
Treat any request to “file” or “pay a fee” for the 360 Savings money as a red flag, because the real deal needs no claim form. The administrator states it will never ask for your Social Security number, and it only asks for the last four digits of your account, optionally, for electronic payment setup. Its only website is capitalone360savingsaccountlitigation.com, and its phone line is 1-888-832-2704.
Law firm pages advertising a new “Capital One lawsuit” are usually investigating, not settling. Our guide on how to join a class action explains how to tell an open claim from a sign-up form.
For now, the class action lawsuit Capital One 360 Savings customers are waiting on requires only two things from you: keep your mailing address current with the administrator, and watch the Fourth Circuit appeal. We will update this page when the court rules or a payment date is set.
Capital One Settlement FAQ
Do I qualify for the Capital One settlement?
You qualify if you held a Capital One 360 Savings account at any time from September 18, 2019, through June 16, 2025, and did not opt out by March 30, 2026. Joint holders are included. Having only a 360 Performance Savings account does not qualify you.
How much money will I get from the Capital One class action lawsuit?
Your amount is not set yet. It will be a pro rata share of the net $425 million fund based on the interest your account missed compared with 360 Performance Savings. Larger, longer held balances get more.
When is the Capital One payout date?
There is no payout date. Payments planned for summer 2026 are on hold until the Fourth Circuit resolves the appeal filed in June 2026, which the administrator says could take over a year.
How do I file a claim against Capital One?
You do not need to file a claim for the 360 Savings settlement. Eligible customers are paid automatically by check or by the electronic method they chose. The data breach claim window closed on September 30, 2022.
Can I still get anything from the Capital One data breach settlement?
Cash payments are finished and old checks are void. However, all class members can still enroll in free identity defense services or use restoration services through Pango until February 13, 2028.
This page explains a public legal case for general information. It is not legal advice; for questions about your own rights, speak with a licensed attorney.