Case: Consumer Financial Protection Bureau (CFPB) v. Capital One, National Association

1:25-cv-00061 | U.S. District Court for the Eastern District of Virginia

Filed Date: Jan. 14, 2025

Closed Date: Feb. 27, 2025

Clearinghouse coding complete

Case Summary

This is a case challenging a national bank’s longstanding business practices.  On January 14, 2025, the Consumer Financial Protection Bureau (CFPB) filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The CFPB sued Capital One, National Association (CONA) and Capital One Financial Corporation (COFC) for violations of the Consumer Financial Protection Act of 2010 (CFPA) and the Truth in Savings Act (TISA). Capital One offered a “high interest” savings account calle…

This is a case challenging a national bank’s longstanding business practices. 

On January 14, 2025, the Consumer Financial Protection Bureau (CFPB) filed this lawsuit in the U.S. District Court for the Eastern District of Virginia. The CFPB sued Capital One, National Association (CONA) and Capital One Financial Corporation (COFC) for violations of the Consumer Financial Protection Act of 2010 (CFPA) and the Truth in Savings Act (TISA). Capital One offered a “high interest” savings account called “360 Savings.” The CFPB alleged that Capital One took advantage of 360 Savings accountholders’ lack of understanding of the risks that accompanied those accounts, asserting that Capital One avoided paying these accountholders the substantial additional interest it would have paid them had the consumers understood the risks. It further alleged that Capital One purposely made misrepresentations when advertising the 360 Savings product. The CFPB sought a permanent injunction, monetary relief to redress injuries to consumers, civil money penalties, and attorney’s fees. The case was assigned to District Judge David J. Novak.

On January 15, 2025, the court directed the parties to file separate pleadings that addressed whether the instant case should be consolidated with a multidistrict litigation case (In Re: Capital One 360 Savings Account Interest Rate Litigation – Case Number 1:24md3111) that was already being litigated before the court. 

On February 4, 2025, the CFPB filed an emergency motion for a temporary stay of deadlines relating to positions on consolidation. It explained that with the change in administration, the new Acting Director of the CFPB directed the Bureau’s counsel to not make filings or appearances in any litigation, other than to seek a pause in proceedings. Later that day, the court denied the emergency motion for a temporary stay, but granted a filing extension for both parties until February 14, 2025. 

On February 27, 2025, the CFPB filed a notice of voluntary dismissal. Later that day, the court dismissed the case. 

Summary Authors

Alexis Gil (6/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69605802/parties/consumer-financial-protection-bureau-cfpb-v-capital-one-national/


Judge(s)

Novak, David (Virginia)

Attorney for Plaintiff

Johnson, Tassity (Virginia)

Miller, Kara (Virginia)

Renner, James (Virginia)

Attorney for Defendant

Mainigi, Enu (Virginia)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-00061

Complaint & Demand For Jury Trial

Jan. 14, 2025

Jan. 14, 2025

Complaint
2

1:25-cv-00061

Order

Consumer Financial Protection Bureau (CFPB) v. Capital One, National Association et al.

Jan. 15, 2025

Jan. 15, 2025

Order/Opinion
13

1:25-cv-00061

The Consumer Financial Protection Bureau’s Emergency Motion For Temporary Stay Of Deadlines Relating To Positions On Consolidation

Feb. 4, 2025

Feb. 4, 2025

Pleading / Motion / Brief
14

1:25-cv-00061

Order (Denying Plaintiff's Motion for Temporary Stay)

Consumer Financial Protection Bureau (CFPB) v. Capital One, National Association et al.

Feb. 4, 2025

Feb. 4, 2025

Order/Opinion
20

1:25-cv-00061

Plaintiff’s Notice Of Voluntary Dismissal

Feb. 27, 2025

Feb. 27, 2025

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69605802/consumer-financial-protection-bureau-cfpb-v-capital-one-national/

Last updated Sept. 9, 2026, 3:18 a.m.

Docket for: Consumer Financial Protection Bureau (CFPB) v. Capital One, National Association
ECF Number Date Description Link
1 Jan. 14, 2025

Complaint against All Defendants, filed by Consumer Financial Protection Bureau (CFPB). (Attachments: # 1 Civil Cover Sheet)(Johnson, Tassity) (Entered: 01/14/2025)

1 Civil Cover Sheet

View on PACER

Clearinghouse
Jan. 14, 2025

Initial Case Assignment

Jan. 14, 2025

Initial Case Assignment to District Judge David J. Novak and US Magistrate Judge William B. Porter. (Sbro, )

2 Jan. 15, 2025

ORDER (Directing Parties to File Position on Consolidation) - the Court DIRECTS the parties to file separate pleadings, no later than February 5, 2025, addressing whether the instant matter should be consolidated with In Re: Capital One 360 Savings Account Interest Rate Litigation. Signed by District Judge David J. Novak on 01/15/2025. (jlan) (Entered: 01/15/2025)

Clearinghouse
3 Jan. 16, 2025

WAIVER OF SERVICE Returned Executed by Consumer Financial Protection Bureau (CFPB). All Defendants. (Johnson, Tassity) (Entered: 01/16/2025)

RECAP
4 Jan. 17, 2025

NOTICE of Appearance by Wesley Barnes Ward on behalf of Consumer Financial Protection Bureau (CFPB) (Ward, Wesley) (Entered: 01/17/2025)

RECAP
5 Jan. 21, 2025

NOTICE of Appearance by James Renner on behalf of Consumer Financial Protection Bureau (CFPB) (Renner, James) (Entered: 01/21/2025)

RECAP
6 Jan. 22, 2025

NOTICE of Appearance by Ryan Thomas Scarborough on behalf of Capital One Financial Corporation, Capital One, National Association (Scarborough, Ryan) (Entered: 01/22/2025)

RECAP
7 Jan. 22, 2025

Motion to appear Pro Hac Vice by Enu Mainigi and Certification of Local Counsel Ryan Scarborough Filing fee $ 75, receipt number AVAEDC-9960581. by Capital One Financial Corporation, Capital One, National Association. (Scarborough, Ryan) (Entered: 01/22/2025)

RECAP
8 Jan. 22, 2025

Motion to appear Pro Hac Vice by Jesse Tiko Smallwood and Certification of Local Counsel Ryan Scarborough Filing fee $ 75, receipt number AVAEDC-9960594. by Capital One Financial Corporation, Capital One, National Association. (Scarborough, Ryan) (Entered: 01/22/2025)

RECAP
9 Jan. 23, 2025

NOTICE of Appearance by Jennifer J. Yun on behalf of Consumer Financial Protection Bureau (CFPB) (Yun, Jennifer) (Entered: 01/23/2025)

RECAP
10 Jan. 23, 2025

ORDER granting 8 Motion for Pro hac vice Appointed Jesse Tiko Smallwood for Capital One Financial Corporation and National Association. Signed by District Judge David J. Novak on 01/23/2025. (jlan) (Entered: 01/23/2025)

RECAP
11 Jan. 23, 2025

ORDER granting 7 Motion for Pro hac vice Appointed Enu Mainigi for Capital One Financial Corporation and Capital One, National Association. Signed by District Judge David J. Novak on 01/23/2025. (jlan) (Entered: 01/23/2025)

RECAP
12 Jan. 27, 2025

ORDER (Scheduling Hearing on Consolidation): The Court SCHEDULES a status hearing on February 28, 2025 at 3:30 pm at the Alexandria Courthouse to discuss consolidation and the impact of the CFPB case on the instant matter. Signed by District Judge David J. Novak on 01/27/2025. (wgar, ) (Entered: 01/27/2025)

RECAP
Jan. 27, 2025

Set/Reset Hearings

Jan. 27, 2025

Status Conference set for 2/28/2025 at 03:30 PM in Alexandria Courtroom 601 before District Judge David J. Novak. (wgar, )

13 Feb. 4, 2025

Emergency MOTION to Stay Deadlines Relating to Positions on Consolidation by Consumer Financial Protection Bureau (CFPB). (Attachments: # 1 Proposed Order)(Johnson, Tassity) (Entered: 02/04/2025)

1 Proposed Order

View on PACER

Clearinghouse
14 Feb. 4, 2025

ORDER (Denying Plaintiff's Motion for Temporary Stay): The Court DENIES Plaintiff's request for a stay on the February 5, 2025 filing deadline. To the extent Plaintiff seeks additional time to file its position on consolidation, the Court GRANTS both parties an extension until February 14, 2025. No further extensions will be granted. The Court also DENIES Plaintiff's request for a stay on the February 28, 2025 hearing. The hearing will proceed on February 28, 2025 at 3:30 pm at the U.S. District Courthouse in Alexandria as scheduled. Signed by District Judge David J. Novak on 02/04/2025. (wgar, ) (Entered: 02/05/2025)

Clearinghouse
15 Feb. 5, 2025

Response to 2 Order, DIRECTING PARTIES TO FILE POSITION ON CONSOLIDATION filed by Capital One Financial Corporation, Capital One, National Association. (Attachments: # 1 Exhibit A)(Scarborough, Ryan) (Entered: 02/05/2025)

1 Exhibit A

View on PACER

RECAP
16 Feb. 5, 2025

Corporate Disclosure Statement by Capital One Financial Corporation, Capital One, National Association. (Scarborough, Ryan) (Entered: 02/05/2025)

RECAP
17 Feb. 5, 2025

Corporate Disclosure Statement by Capital One Financial Corporation, Capital One, National Association. (Scarborough, Ryan) (Entered: 02/05/2025)

RECAP
18 Feb. 14, 2025

NOTICE of Appearance by Kara Miller on behalf of Consumer Financial Protection Bureau (CFPB) (Miller, Kara) (Entered: 02/14/2025)

RECAP
19 Feb. 14, 2025

Response to 2 Order, DIRECTING PARTIES TO FILE POSITION ON CONSOLIDATION filed by Consumer Financial Protection Bureau (CFPB). (Johnson, Tassity) (Entered: 02/14/2025)

Clearinghouse
20 Feb. 27, 2025

NOTICE of Voluntary Dismissal by Consumer Financial Protection Bureau (CFPB) (Johnson, Tassity) (Entered: 02/27/2025)

Clearinghouse
21 Feb. 27, 2025

ORDER (Acknowledging Notice of Dismissal with Prejudice) - the Court hereby acknowledges this voluntary dismissal with prejudice, and with each party to pay its own costs and attorneys' fees, and DIRECTS the Clerk's Office to close the case. Signed by District Judge David J. Novak on 02/27/2025. (jlan) (Entered: 02/27/2025)

RECAP
22 April 1, 2025

Letter to the Court filed by Aaron Cherry (Sbro, ) (Entered: 04/03/2025)

RECAP

Case Details

State / Territory:

Virginia

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: Jan. 14, 2025

Closing Date: Feb. 27, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff is the Consumer Financial Protection Bureau (CFPB). The Bureau is an independent agency of the United States charged with regulating the offering and provision of consumer financial products or services under the Federal consumer financial laws.

Plaintiff Type(s):

Non-DOJ federal government plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Capital One Financial Corporation (COFC)

Capital One, National Association (CONA)

Defendant Type(s):

Bank or credit provider

Facility Type(s):

Non-government for-profit

Case Details

Other Dockets:

Eastern District of Virginia 1:25-cv-00061

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Injunction

Relief Granted:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General/Misc.:

Predatory lending

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