The CFPB Dismisses Lawsuit Against Capital One: What Really Happened to Your $2 Billion?

The CFPB Dismisses Lawsuit Against Capital One: What Really Happened to Your $2 Billion?

You might've seen the headlines. For a minute there, it looked like a massive payday was coming for anyone who banked with Capital One. The Consumer Financial Protection Bureau (CFPB) was breathing down the bank's neck, alleging they'd basically "cheated" customers out of $2 billion in interest. Then, almost as quickly as it started, the news dropped: the CFPB dismisses lawsuit against Capital One.

Just like that. Poof.

Honestly, it’s the kind of thing that makes you want to throw your hands up. If you were one of the millions of people holding a "360 Savings" account while the bank was quietly funneling new customers into a "360 Performance Savings" account with 14 times the interest, you're probably feeling a bit burned right about now.

But there’s a lot more to this than just a government agency changing its mind. It’s a messy mix of high-stakes politics, a changing of the guard in D.C., and a parallel legal battle that might actually be the only reason you still have a shot at getting some of that money back.

Why the CFPB Walked Away

So, why did they do it? Basically, the CFPB filed this lawsuit in the waning days of the Biden administration—January 14, 2025, to be exact. They accused Capital One of a "bait and switch" tactic. The claim was that the bank kept legacy customers in an old account (360 Savings) earning a measly 0.30% while offering a nearly identical new account (360 Performance Savings) that paid over 4%.

The CFPB alleged Capital One "worked to keep customers in the dark," even going as far as forbidding employees from telling people about the better rates.

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Then February rolled around.

With the return of the Trump administration, the agency’s priorities did a total 180. On February 27, 2025, the CFPB filed a one-sentence notice to dismiss the case with prejudice. That "with prejudice" part is the kicker—it means they can’t just change their mind and refile it later. It's dead.

Critics, including Senator Elizabeth Warren and various consumer advocacy groups, called it a "betrayal." They argued that dropping the case sends a message that big banks can mistreat customers without fearing the feds. Meanwhile, Capital One welcomed the move, maintaining they were always transparent and that the lawsuit was just an "eleventh-hour" political stunt.

The $425 Million "Silver Lining"

If you’re thinking, "Great, so the bank wins and I get nothing," hold on. While the CFPB dismisses lawsuit against Capital One, a separate class-action lawsuit was still chugging along in the background.

It turns out that even if the government stops fighting, private lawyers don't.

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In May 2025, Capital One reached a preliminary settlement in that private class-action case (In re: Capital One 360 Savings Account Interest Rate Litigation). The bank agreed to a $425 million settlement.

Is it the $2 billion the CFPB originally wanted? No. Not even close. But it's not zero.

How the $425 Million Breaks Down

Instead of a single lump sum, the settlement was structured in a way that’s a bit unusual. You've basically got two pools of money:

  • $300 Million for Direct Payouts: This is for people who had a 360 Savings account between September 2019 and June 2025. It’s intended to cover a portion of that "lost" interest.
  • $125 Million for Future Interest: This part was weirdly clever. It was meant to subsidize higher interest rates for people who still had the old accounts, forcing Capital One to pay at least double the national average for a set period.

The 2026 Update: A Judge Steps In

Here is where it gets even more complicated. In late 2025, the judge overseeing the class action actually rejected that initial settlement. Judge Anthony Trenga in Virginia basically said, "This isn't quite right," and pushed the parties to go back to the drawing board.

As of early 2026, there’s a new version of the deal on the table. Instead of the split $300m/$125m structure, the proposal has shifted to a straight $425 million cash fund for class members. This is actually better for most people because it’s a direct payout rather than a promise of future interest that might be hard to track.

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A final approval hearing is currently on the books for April 20, 2026.

What This Means for Your Wallet

If you’re a Capital One customer, or used to be, you’re probably wondering what you actually need to do. Here’s the reality of where things stand right now:

  1. Don't wait for the CFPB. Since the CFPB dismissed its lawsuit, there will be no "government check" coming in the mail. That ship has sailed.
  2. Check your email for "Notice of Settlement." If you held a 360 Savings account during the "Class Period" (Sept 18, 2019 – June 16, 2025), you should have already received a notice. If you haven't, search your inbox for "Capital One 360 Savings Litigation."
  3. The "Closed Account" Bonus. Interestingly, the settlement terms often favor people who closed their accounts or converted them to the "Performance" version. In some versions of the deal, those who closed their accounts by October 2025 were eligible for a 15% larger payout because they weren't benefiting from the future interest rate hikes.
  4. No Claim Form Required (Usually). For most members of this class, you don’t actually have to file a formal claim to get the base payment. The bank has your data. They know how much interest you missed out on. They'll likely send a check or a digital payment automatically once the judge gives the final "okay" in April.

Actionable Steps You Can Take Now

The federal government might have stepped aside, but you shouldn't.

  • Move your money. If you still have an old "360 Savings" account (not "360 Performance Savings"), you are likely still earning a garbage interest rate. Log into your portal right now. If it doesn't say "Performance," you're losing money every day.
  • Confirm your contact info. If you’ve moved since 2019, make sure Capital One has your current mailing address. When that $425 million finally gets distributed later in 2026, you don't want your check going to an old apartment.
  • Monitor the settlement site. Keep an eye on the official portal (capitalone360savingsaccountlitigation.com) for the results of the April 2026 hearing. That will determine exactly when the "Class Cash Payments" start hitting bank accounts.

The fact that the CFPB dismisses lawsuit against Capital One is a massive shift in how banking regulation is working in 2026. It highlights a move toward a "hands-off" federal approach, leaving consumers to rely on private class-action lawsuits to get justice. It’s not a perfect system, and you’re getting cents on the dollar compared to what was originally claimed, but it’s the only game in town right now.