If You Have Or Had A Checking, Savings Or Other Deposit Account At Capital One Bank, North Fork Bank Or Superior Savings Of New England, N.A. Anytime Between January 1, 2007 And November 20, 2009, Your Rights May Be Affected By A Class Action Settlement.
A class action settlement has been reached in a class action lawsuit pending against Capital One, N.A. d/b/a Capital One Bank (“Capital One” or “Defendant”) in the United States District Court for the Eastern District of New York (styled Eric Gunther v. Capital One, N.A. d/b/a Capital One Bank, Civil Action Case No. 09-2966-ADS-AKT), alleging, among other things, that Capital One, North Fork Bancorporation, Inc. (“North Fork” or “NFBI”), and Superior Savings of New England, NA (“Superior Bank” or “Superior Savings”) charged Undeliverable Mail Fees in the amount of $15.00 in New York, New Jersey and Connecticut, where such mail was deliverable and received, according to the class action settlement notice.
The Capital One, North Fork and Superior Savings Bank Undeliverable Mail Fee class action settlement includes the following settlement class members:
All depositors of North Fork Bank, Superior Savings of New England, N.A. or Capital One Bank in the states of New Jersey, New York and Connecticut who were charged an Undeliverable Mail Fee by any of those entities during the Class Period, which Undeliverable Mail Fee(s) has/have not been refunded and who have not timely requested exclusion from this Settlement (the “Settlement Class”).
If the Court approves the proposed class action settlement, Capital One Bank has agreed to pay an amount equal to 82% of Undeliverable Mail Fees assessed during the Class Period by Capital One, North Fork and Superior Savings Bank up to a maximum payment of $2,687,789.44 to Settlement Class Members who do not opt out and who timely complete a valid Proof of Claim form and certify the number of Undeliverable Mail Fees assessed for statements or mail that were not “undeliverable” but were received. Capital One Bank has also reportedly agreed to pay all costs of the Settlement, reasonable attorneys’ fees and costs to Class Counsel, and an incentive award to the Plaintiff.
To get a payment under the Capital One, North Fork and Superior Savings Bank Undeliverable Mail Fee Settlement, a Settlement Class Member must make a claim to the Settlement Administrator postmarked or submitted no later than September 29, 2010, in either of the following ways: 1) complete and mail the “Proof of Claim” form included with the Notice to the Settlement Administrator at: Gunther v. Capital One, N.A., c/o Rust Consulting, Inc., P.O. Box 2367, Faribault, MN 55021-9067; or 2) complete and electronically submit a Proof of Claim form to the Settlement Administrator’s website www.CapOneMailFeeSettlement.com.
The Honorable Arthur D. Spatt, a District Judge in the United States District Court for the Eastern District of New York (the “Court”), will hold a settlement hearing (the “Settlement Fairness Hearing”) at the federal courthouse located at 100 Federal Plaza, Central Islip, New York 11722-9014 on September 28, 2010 at 9:00 am to decide whether to approve the Capital One, North Fork and Superior Savings Bank Undeliverable Mail Fee Settlement, and to determine the amount of attorneys’ fees and costs and Plaintiff’s incentive award.
For more information on the Capital One, North Fork and Superior Savings Bank Undeliverable Mail Fee class action lawsuit settlement and potential settlement benefits and/or updates on the settlement, call the Settlement Administrator toll-free at (888) 952-9086, write the Settlement Administrator at Gunther v. Capital One, N.A., c/o Rust Consulting, Inc., P.O. Box 2367, Faribault, MN 55021-9067, email the Settlement Administrator at info@CapOneMailFeeSettlement.com or visit the Capital One, North Fork and Superior Savings Bank Undeliverable Mail Fee class action settlement website:
www.CapOneMailFeeSettlement.com
If You Have Thoughts On TheCapital One, North Fork and Superior Savings Bank Undeliverable Mail Fee Class Action Lawsuit Settlement, Share Your Settlement Comments Below.
capital one bank built its assets out off scam,since they are acredite card company,and they continue when they bought north fork bank with the money off the poor and honest people how was trying to build there credit,its shame shame shame on them,this is example of what they did with me,(i gave acheck over the phone for $50.00 i have money to cover that,they will charge me for undeliverable male $15 ,then no money to cover my payment ,they charge me $35,no money for that they charge me another $35 ,they did that alot,untill one time i asked them to wave few hundred dollars that they charget to me one time and close the account,or i will go directly to court,they are agang not abank
Capita One mailed me a letter stating that they kept the Class Action money themselves and applied it to an” alledge” account they said I owe. I am not aware of owing them any thing. Is this legal?