CAPITAL ONE 360 SAVINGS ACCOUNT INTEREST RATE
CLASS ACTION—NEW SETTLEMENT
If you are or were a Capital One 360 Savings accountholder at any
time from September 18, 2019, through June 16, 2025, you are
eligible for benefits from a new class action settlement.
This notice explains your rights. Please read it carefully.
A court authorized this notice. This is not a solicitation from a lawyer.
A new class action settlement has been proposed that, if approved by the Court, would resolve a
lawsuit filed against Capital One, N.A., and Capital One Financial Corp. (“Capital One” or
“Defendants”), in the matter titled In re: Capital One 360 Savings Account Interest Rate Litigation,
No. 1:24-md-03111-DJN, pending in the United States District Court for the Eastern District of
Virginia (the “Court”). The Court authorized this notice to inform you how you may be affected by
this settlement.
You were previously notified of a proposed settlement of this lawsuit. That proposed settlement was
not approved by the Court, and so a new settlement was negotiated that provides enhanced benefits
to current and former 360 Savings accountholders. This new settlement provides more money to the
Settlement Class (defined below) compared to the previously proposed settlement.
This lawsuit concerns the interest rate Capital One paid on its 360 Savings account product, which
Plaintiffs allege was, at times, as much as ten times lower than what Capital One paid on the
otherwise identical 360 Performance Savings product. The proposed new settlement requires Capital
One to (1) pay $425 million into a “Settlement Fund” to be used to make cash payments to current
and former 360 Savings accountholders in relation to their historical account balances, and (2) pay
the interest rate for the 360 Performance Savings account to holders of the 360 Savings account going
forward (i.e., making the interest rates on the two accounts identical).
If you are or were a 360 Savings accountholder at any time from September 18, 2019, through June
16, 2025, you are part of the “Settlement Class.”
This notice describes the lawsuit, the general terms of the new proposed settlement, and your rights
and benefits under the settlement. This notice also explains how to object to the settlement or to
exclude yourself from the settlement if you do not want to receive any part of the Settlement Fund.
Please note that even if you objected to or requested exclusion from the previously proposed
settlement, you must do so again if you wish to object to or exclude yourself from the new settlement.
Your legal rights are affected whether you act or don’t act. Read this notice carefully. This notice
summarizes the proposed new settlement. For the precise terms and conditions of the settlement,
please see the settlement agreement available at
www.CapitalOne360SavingsAccountLitigation.com, or contact the Settlement Administrator by
calling 1-888-832-2704 or writing to Capital One 360 Savings Account Class Action Settlement, c/o
Settlement Administrator, P.O. Box 4876, Portland, OR 97208-4876. Please do not telephone the
Court, the Court clerk’s office, or Capital One to inquire about this settlement.
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT DEADLINE
You do not need to file a claim form to receive a
Class Cash Payment from this settlement. All
Settlement Class Members are automatically
eligible to receive a Class Cash Payment for their
share of the Settlement Fund unless they opt out
of the settlement, though payments will be made
only to the primary holder of each 360 Savings
account covered by the settlement. You do,
however, have the option to receive your
payment via electronic payment instead of a
check. If you already selected an electronic
payment for the previously proposed settlement
in this matter, you do not need to select one
again for this settlement. To select the electronic
payment option, please follow the instructions in
Section 5 below. If you already selected an
electronic payment for the previously proposed
settlement in this matter and you need to update
your electronic payment information, please
make a new electronic payment selection on the
RECEIVE A Settlement Website. March 30, 2026
CLASS CASH (to choose electronic
PAYMENT If the amount of your Class Cash Payment is $5 payment).
or more and you do not select an electronic
payment, a check will be mailed to your last
known address. However, if the amount of your
Class Cash Payment is less than $5, you will
only receive it if you elect to receive your
payment electronically.
Please note that a Class Cash Payment will be
issued only to the primary accountholder listed
on a 360 Savings account.
The Settlement Administrator has not yet
determined the amount of your Class Cash
Payment and, at present, does not have the
information it needs to do so. Accordingly, you
are strongly encouraged to choose the electronic
payment option to make sure you receive your
Class Cash Payment.
For more information, see Section 5.
You may choose to exclude yourself (or “opt
EXCLUDE
out”) of the settlement. This is the only option
YOURSELF March 30, 2026
that allows you to separately sue Capital One at
(OPT OUT)
your own expense for the same or similar legal
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claims released by this settlement. However, if
you opt out you will receive no payment from the
Settlement Fund.
If you requested exclusion from the previously
proposed settlement in this matter, and you also
wish to exclude yourself from the new settlement,
you must send another request for exclusion.
For more information, see Section 9.
You may write to the Court about why you do or
don’t like the settlement, the amount of requested
Attorneys’ Fees and Expenses, or the Service
Awards sought by the Settlement Class
Representatives. You may also attend the hearing
OBJECT OR during which the Court will consider the fairness
March 30, 2026
COMMENT of the settlement, the amount of Attorneys’ Fees
and Expenses, and the Service Awards sought by
the Settlement Class Representatives, although
you have no obligation to do so. For more
information, see Section 10.
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
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TABLE OF CONTENTS
1. What is this lawsuit about? ........................................................................................ 5
2. Why is the lawsuit being settled? .............................................................................. 5
3. What is the new settlement? ...................................................................................... 6
4. Am I a member of the Settlement Class? .................................................................. 6
5. What can I get in the new settlement?....................................................................... 7
6. What claims are released by the new settlement? ..................................................... 8
7. How will Class Counsel be paid? .............................................................................. 8
8. Will the Settlement Class Representatives receive any additional money? ............. 8
9. Can I exclude myself from the new settlement? ....................................................... 8
10. How do I object to or comment on the new settlement?........................................... 9
11. When will the Court decide if the new settlement is approved? ............................... 10
12. How do I get more information? ............................................................................... 10
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1. What is this lawsuit about?
This lawsuit is a proposed class action brought against Capital One concerning the interest rate it paid
on its 360 Savings account product. Since February 2013, Capital One has offered savings accounts
called 360 Savings accounts. On September 18, 2019, Capital One began offering a separate savings
account called 360 Performance Savings, and stopped offering new 360 Savings accounts to customers,
though it continued to service existing 360 Savings accounts. At all times since September 18, 2019, and
continuing through the present, Capital One has paid a higher rate of interest (and often a substantially
higher rate of interest) on 360 Performance Savings than it has paid on 360 Savings, though Plaintiffs
allege the two accounts are otherwise identical. Specifically, when introduced in September 2019,
Capital One paid a 1.90% APY on 360 Performance Savings, compared to a 1.00% APY paid on 360
Savings. Beginning in 2022, the 360 Performance Savings rate increased along with the federal funds
rate while 360 Savings remained at 0.30% APY. Between April 2024 and September 2024, Capital One
paid a 4.35% APY on 360 Performance Savings compared to a 0.30% APY paid on 360 Savings. At the
time of the previously proposed settlement of this matter, in June 2025, Capital One paid 3.60% APY on
360 Performance Savings compared to a 0.50% APY paid on 360 Savings.
Multiple lawsuits were brought on behalf of 360 Savings accountholders. Judge David J. Novak of the
United States District Court for the Eastern District of Virginia is overseeing these lawsuits, which are
consolidated under the name In re: Capital One 360 Savings Account Interest Rate Litigation, No. 1:24-
md-03111-DJN (E.D. Va.) (the “Action”). The accountholders who sued are called the “Plaintiffs” or
the “Settlement Class Representatives.” Capital One, N.A. and Capital One Financial Corp. are the
“Defendants.”
The Plaintiffs in the Action allege that Capital One failed to raise interest rates on the 360 Savings
account commensurate with rates paid on the 360 Performance Savings account, deceptively marketed
the 360 Savings account, and concealed (i) that 360 Savings was no longer Capital One’s high-yield
online savings account and (ii) the existence of the 360 Performance Savings account—and its higher
interest rate—from 360 Savings accountholders.
Capital One denies all claims asserted against it in the Action, denies all allegations of wrongdoing and
liability, and denies all material allegations of the Complaint. The Court has not determined that Capital
One did anything wrong; instead, the Plaintiffs and Capital One have decided to settle the Action.
2. Why is the lawsuit being settled?
The Court has not decided in favor of Plaintiffs or Defendants. Instead, both sides agreed to a settlement
providing enhanced benefits to the Settlement Class after the Court did not approve the settlement the
parties previously proposed. Settlements help to avoid the costs and uncertainty of a trial and related
appeals, while more quickly providing benefits to members of the Settlement Class.
Capital One denies any wrongdoing, and the Court has not determined that Capital One did anything
wrong.
The Court previously appointed Chet B. Waldman of Wolf Popper, LLP as Class Counsel to represent
360 Savings accountholders. Class Counsel has determined that, while Plaintiffs believe their claims
have merit, there are significant risks of continuing the litigation, including:
The Court could decide not to certify the Class for trial;
The Court could grant summary judgment for Capital One, in whole or in part;
A jury could rule in Capital One’s favor after trial;
A jury could reduce any damages awarded after trial; and/or
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Any rulings in Plaintiffs’ favor could be overturned on appeal.
On January 23, 2026, the Court-appointed Special Master issued a report assessing historical loss
amounts resulting from Capital One’s alleged misconduct and the percentage of these loss amounts that
would be addressed by the $425 million Settlement Fund provided for under the new settlement, as well
as an estimate of the value provided to the Settlement Class over two years by treating holders of 360
Savings accounts in the same manner as 360 Performance Savings accountholders. The publicly
available version of this report will be made available on the Settlement Website. In the report, beginning
on page 2, the Special Master concluded from his review of the record in this Action that “a reasonable
damages estimate ranges from approximately $742 million to $1.098 billion. Based on this estimate, the
$425 million Settlement Fund represents between 38 and 57 percent of what Settlement Class Members
could have obtained for their historical losses if Plaintiffs were successful through trial and appeal. For
a consumer class action, this represents a robust recovery in light of the status of the case when the parties
settled and the significant defenses of Capital One. The recovery for Settlement Class Members is even
greater considering Capital One’s prospective obligation to pay the interest rate for the 360 Performance
Savings account to 360 Savings accountholders for at least two years. The Special Master estimates that
the value of the prospective relief is between approximately $722.6 million and $877.5 million based on
updated information from Capital One, reflecting a total payment to the Settlement Class in excess of $1
billion. Using this number, the recovery of the class is equal to the Special Master’s reasonable damages
estimate and is a remarkable recovery for the Settlement Class.”
Class Counsel believes that the Settlement Fund of $425 million, along with the future benefit of paying
the same interest to 360 Savings accountholders as 360 Performance Savings accountholders, is an
excellent result for Settlement Class Members considering the significant costs, risks, and delay of trial
and appeal.
The Office of the Attorney General of the State of New York (the “NYAG”) had commenced its own
lawsuit against Capital One and opposed certain aspects of the previously proposed settlement. The
NYAG does not object to this new settlement, and as a result of the new settlement, has agreed via a
separate stipulation to dismiss its own claims against Capital One if and when the new settlement
becomes effective.
3. What is the new settlement?
Under the settlement, Capital One has agreed to (1) pay $425 million into a Settlement Fund to be used
to make cash payments (“Class Cash Payments”) to current and former 360 Savings accountholders in
relation to their historical account balances, and (2) pay the interest rate for the 360 Performance Savings
account to holders of the 360 Savings account going forward (so that the interest rates paid on the two
accounts will be identical). Under the previously proposed settlement, Capital One would have paid $300
million into a settlement fund, and would have paid $125 million in additional interest to 360 Savings
accountholders going forward by paying a rate of interest at least twice the national FDIC savings
account average. The Court did not approve the previously proposed settlement and directed Plaintiffs
and Capital One to negotiate a new settlement. This new settlement provides more money to the
Settlement Class compared to the previously proposed settlement.
The $425 million Settlement Fund will be used to pay (i) Administrative Costs; (ii) Notice Costs;
(iii) Attorneys’ Fees and Expenses awarded by the Court; (iv) Service Awards awarded by the Court;
and (v) Class Cash Payments to Settlement Class Members based on the approximate amount of interest
each Settlement Class Member would have earned if their 360 Savings account(s) had paid the interest
rate then applicable to the 360 Performance Savings account.
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
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If there are Unclaimed Amounts from checks that are not cashed or from checks or electronic payments
that are undeliverable, those funds will be redistributed pro rata to Settlement Class Members if such a
distribution can be accomplished in a cost-effective manner. If the Unclaimed Amounts cannot be
redistributed in a cost-effective manner, they will be paid to a charitable organization approved by the
Court.
Beginning no later than fourteen days after the Effective Date of the settlement, Capital One will pay the
interest rate for the 360 Performance Savings account to holders of the 360 Savings account going
forward (i.e., making the interest rates on the two accounts identical) without temporal limitation. Capital
One further agrees to continue to maintain 360 Savings accounts and 360 Performance Savings accounts
for a period of two years following the Effective Date.
4. Am I a member of the Settlement Class?
For purposes of settlement only, the Court has preliminarily certified a Settlement Class, which includes
persons or entities that maintained a Capital One 360 Savings account at any time from September 18,
2019, through and including June 16, 2025 (the “Class Period”)), including joint and co-holders of 360
Savings accounts, as reflected in the Class List generated by Capital One.1 If you are a Settlement Class
Member, you will be bound by the settlement and any Judgment entered in this Action unless you request
to be excluded.
5. What can I get in the new settlement?
Unless you exclude yourself from the settlement, you are automatically eligible to receive a check or
electronic payment for your Class Cash Payment. There is no need to file a claim.
Your Class Cash Payment will be based on your “Individual Recognized Claim,” which is determined
as follows: For each 360 Savings account that existed during the Class Period, the Individual Recognized
Claim shall be calculated as the approximate amount of additional interest that would have been earned
on the account during the Class Period had the account received the interest rate of the 360 Performance
Savings product. The Individual Recognized Claim amounts will then be used to calculate pro rata Class
Cash Payments from the Net Settlement Fund (being the amount remaining in the Settlement Fund after
deducting (i) Service Awards; (ii) Administrative Costs; (iii) Notice Costs; (iv) Expenses; and
(v) Attorneys’ Fees)).
Please note that a Class Cash Payment will be issued only to the primary accountholder listed on a 360
Savings account.
NOTE: You will not receive a check if the amount of the check would be less than $5, but if you choose
an electronic payment instead, you will receive your Class Cash Payment no matter the amount. If
you wish to receive your Class Cash Payment electronically instead of by check, please follow the
instructions available at the Settlement Website, www.CapitalOne360SavingsAccountLitigation.com.
The amount of your individual Class Cash Payment depends on many variables that will not be known
before the Final Approval Hearing, including (i) the amount of Attorneys’ Fees and Expenses awarded,
the amount of Service Awards awarded, and the amount of Administrative Costs and Notice Costs
incurred; (ii) the number of opt-outs (and the balances of their 360 Savings accounts); and (iii) the amount
of Unclaimed Amounts from the initial distribution of Class Cash Payments. Accordingly, neither the
1
Excluded from the Settlement Class will be (i) Capital One, any entity in which Capital One has a controlling interest, and
Capital One’s officers, directors, legal representatives, successors, subsidiaries, and assigns; (ii) any judge, justice, or judicial
officer presiding over the Action and the members of their immediate families and judicial staff; and (iii) any individual who
timely and validly opts out of the Settlement Class.
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
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parties nor the Settlement Administrator can reliably estimate your individual Class Cash Payment at
this time. You are therefore strongly encouraged to choose to receive your Class Cash Payment
electronically to ensure that you receive both your initial Class Cash Payment as well as any
redistribution of Unclaimed Amounts. If you have previously selected the electronic payment option,
you do not need to do so again. If you already selected an electronic payment for the previously proposed
settlement in this matter and you need to update your electronic payment information, please make a new
electronic payment selection on the Settlement Website.
If you continue to have an open 360 Savings account after the Effective Date, you will also automatically
receive the same interest rate as the 360 Performance Savings account starting fourteen days after the
Effective Date and going forward. There is no need to file a claim to receive this benefit.
6. What claims are released by the new settlement?
Unless you exclude yourself from the settlement, all of the decisions made by the Court will bind you.
That means you will be bound to the terms of the settlement and accompanying Court orders and cannot
bring a lawsuit or be part of another lawsuit against Capital One relating to, among other things, the
interest paid on your 360 Savings account(s). Unless you exclude yourself from the settlement, you will
be releasing all of your legal claims against Capital One relating to, among other things, the interest paid
on your 360 Savings account(s) when the settlement becomes final. By releasing your legal claims, you
are giving up the right to file, or to continue to pursue, separate legal claims against or seek further
compensation from Capital One for any alleged harm relating to the interest paid on your 360 Savings
account(s) or the claims that were or could have been alleged in the lawsuits—whether or not you are
currently aware of those claims. However, any such lawsuit you would bring would be at your own
expense.
Paragraph 16.1 of the Settlement Agreement identifies the claims that will be released by Settlement
Class Members who do not exclude themselves from the settlement. You can access the Settlement
Agreement and read the specific details of the legal claims being released on the Settlement Website,
www.CapitalOne360SavingsAccountLitigation.com. On the other hand, if you exclude yourself from
the settlement, you will not receive a Class Cash Payment.
7. How will Class Counsel be paid?
Class Counsel and the other lawyers representing Plaintiffs and the Settlement Class Members (together,
“Plaintiffs’ Counsel”) have prosecuted the Action on a contingency basis. This means that, to date,
Plaintiffs’ Counsel have paid for all of the Expenses related to this case and have not been compensated
for any of their work on this case. Accordingly, Plaintiffs’ Counsel will ask the Court to award them
Attorneys’ Fees of no greater than 15% of the $425 million Settlement Fund, and reimbursement for
Expenses (which are approximately $1.8 million). If awarded, such Attorneys’ Fees and Expenses will
be paid out of the Settlement Fund. The Court will determine the amount of Attorneys’ Fees and
Expenses to be paid to Plaintiffs’ Counsel. You will not have to separately pay any portion of these
amounts yourself. Plaintiffs’ Counsel’s request for Attorneys’ Fees and Expenses will be filed by March
9, 2026 and will be available to view on the Settlement Website at
www.CapitalOne360SavingsAccountLitigation.com.
8. Will the Settlement Class Representatives receive any additional money?
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
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Class Counsel will also ask the Court for “Service Awards” to be paid to the twenty-six Settlement Class
Representatives in the amount of $10,000 each. These payments are designed to compensate the
Settlement Class Representatives for the time, effort, and risks they undertook in pursuing the Action,
including gathering and providing documents related to their Capital One accounts, submitting to lengthy
depositions, and answering multiple sets of interrogatories during the discovery process. This amount
will have to be approved by the Court. Any amount approved by the Court will be paid from the
Settlement Fund.
9. Can I exclude myself from the new settlement?
If you are a Settlement Class Member, you can exclude yourself from the Settlement Class if you wish
to retain the right to sue Capital One separately for the claims released by the settlement. If you choose
to have an attorney represent you, you would need to find your own attorney and pay him or her at your
own cost to represent you in that lawsuit. If you exclude yourself, you cannot participate in, benefit from,
or object to, the settlement.
To exclude yourself, you must submit a written request to the Settlement Administrator, via mail to:
Capital One 360 Savings Account Class Action Settlement, c/o Settlement Administrator, P.O. Box
4876, Portland, OR 97208-4876. The exclusion request must contain the following information:
(1) The name of this Action (In re: Capital One 360 Savings Account Interest Rate Litigation, No.
1:24-md-03111-DJN);
(2) Your full name, telephone number, current address, and email address;
(3) Your personal signature (your lawyer’s signature is not sufficient);
(4) A statement clearly indicating your intent to be excluded from the settlement; and
(5) A statement that your request for exclusion applies only to you, the one Settlement Class Member
whose personal signature appears on the request. (Requests seeking exclusion on behalf of more
than one Settlement Class Member shall be deemed invalid by the Settlement Administrator).
Any exclusion requests must be postmarked no later than March 30, 2026 (the “Opt-Out Deadline”).
Under the terms of the Settlement Agreement, all holders of a particular 360 Savings account are to be
treated as one for purposes of exclusions. Therefore, any valid exclusion request made by one holder of
a particular 360 Savings account will exclude all holders of that account from participation in the
settlement.
If you requested exclusion from the previously proposed settlement in this matter, and you also wish to
exclude yourself from the new settlement, you must send another request for exclusion.
If you do not comply with these procedures and the Opt-Out Deadline, you will lose any opportunity to
exclude yourself from the Settlement Class, and your rights will be determined in this lawsuit by the
Settlement Agreement if it is approved by the Court.
10. How do I object to or comment on the new settlement?
If you are a Settlement Class Member, you can tell the Court what you think of the new settlement. You
can object to the new settlement if you don’t think it is fair, reasonable, or adequate, and you can give
reasons why you think the Court should not approve it. You can’t ask the Court to order a larger
settlement; the Court can only approve or deny the settlement as it is. If the Court denies approval to the
entire settlement, no settlement benefits will be made available, and the lawsuit will continue. If the Court
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
9
approves the settlement, you will still be eligible to receive settlement benefits even if you object to the
settlement.
You may also, but are not required to, appear at the Final Approval Hearing (see Section 11 below),
either in person or through your own attorney. If you appear through your own attorney, you are
responsible for hiring and paying that attorney. To appear and speak at the Final Approval Hearing, you
need to file a written objection to the settlement.
To object, you must file a written objection with the Court stating that you object to the settlement or any
portion of it. Your objection must include:
(1) The case name and number of this Action (In re: Capital One 360 Savings Account Interest Rate
Litigation, No. 1:24-md-03111-DJN);
(2) Your full name, current address, telephone number, and email address and, if you are represented
by counsel, those of your counsel;
(3) A statement whether the objection applies only to you, to a specific subset of the Settlement Class,
or to the entire Settlement Class;
(4) A statement of the specific grounds for the objection; and
(5) A statement of whether you intend to appear at the Final Approval Hearing, and if so, whether
personally or through counsel.
Additionally, if you are represented by a lawyer and your lawyer intends to speak at the Final Approval
Hearing, your written objection must include:
(6) A detailed description of any evidence you may offer at the Final Approval Hearing; and
(7) Copies of any exhibits you may introduce at the Final Approval Hearing.
To be considered by the Court, your written objection must be filed with the Court by March 30, 2026
(the “Objection Deadline”). The Court’s address is: Clerk of the Court, United States District Court,
Eastern District of Virginia, Albert V. Bryan United States Courthouse, 401 Courthouse Square,
Alexandria, VA 22314. Your objection must be received by the Court by the Objection Deadline in order
to be timely and valid.
If you do not comply with these procedures and the Objection Deadline, you may lose any opportunity
to have your objection considered at the Final Approval Hearing or otherwise to contest the approval of
the settlement or to appeal from any orders or judgments entered by the Court in connection with the
settlement.
11. When will the Court decide if the new settlement is approved?
The Court will hold a hearing on April 20, 2026, to consider whether to approve the new settlement
(“Final Approval Hearing”). The Final Approval Hearing will be held before the Honorable David J.
Novak at 11:00 a.m., in Courtroom 601 of the United States District Court, Eastern District of Virginia,
Albert V. Bryan United States Courthouse, 401 Courthouse Square, Alexandria, VA 22314.
Consult the Settlement Website at www.CapitalOne360SavingsAccountLitigation.com for updated
information on the hearing date and time (which may be moved by the Court).
12. How do I get more information?
This notice is only a summary of the Action and the settlement. Other important documents can be
accessed through the Settlement Website. If you have questions about the proposed settlement or wish
to receive a copy of the Settlement Agreement but do not have access to the Internet to download a copy
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online, you may contact the Settlement Administrator. Please note that the Court and Capital One cannot
respond to any questions regarding this notice, the Action, or the proposed settlement.
Please be advised that Class Counsel’s office does not have information about whether you are a
Settlement Class Member or about the amount of your Class Cash Payment. Please contact the
Settlement Administrator if you wish to determine whether you are a member of the Settlement Class or
obtain any information about your payment options.
Questions? Go to www.CapitalOne360SavingsAccountLitigation.com or call 1-888-832-2704
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