Litigation Law Group

This nationwide class action filed by Litigation Law Group against Capital One alleges the credit card bank failed to keep its promise of a "low" "fixed" APR and unilaterally raised customers' credit card rates--often by as many as 10 APR points.

Kolkowski v. Capital One Bank (USA), N.A. et al., was filed May 5, 2010 by Litigation Law Group in the United States District Court for the Central District of California.  The class action complaint alleges, on behalf of a nationwide class, that the Defendants used false, misleading and deceptive representations and marketing materials to advertise Capital One's credit card, that touted consumers' ability to choose a “low” and/or “fixed” interest rate. 

The complaint alleges that, after promising consumers low interest rates and/or fixed rates on purchases and balance transfers and providing them with a credit card, Capital One unilaterally and arbitrarily increased the annual percentage rate applicable to Plaintiff’s and Class members’ accounts, despite the accounts being in good standing.  As a result, the finance charges associated with Plaintiff’s and Class members’ accounts increased dramatically, often jumping more than 10 percent. 

The complaint alleges such increases violated the express terms of Defendants’ credit card agreement based on Defendants’ failure to notify customers; violated California law, including the Unlawful Competition Law, Bus. & Prof. Code §§ 17200 et seq. and the Consumer Legal Remedies Act, Civ. Code §§ 1750 et seq.; and, because the unilateral increase in interest rates came without the required notice, violated the Truth in Lending Act, 15 U.S.C. §§ 1601 et seq. (“TILA”).

If you are or were a Capital One customer injured by the described practices, please email us at the address below.  We are continuing to investigate the facts of the case, and welcome any information that you might have.