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Spinelli v. Capital One Bank (USA), N.A. et al.
Civil Action No.: 8:08-CV-132-T-33EAJ
United States District Court
Middle District of Florida
Legal Notice By Order Of The Court
If you are a current or former Capital One credit card holder who first enrolled
in Payment Protection at any time between September 28, 2003 and the present while
residing in Florida, or at any time between January 1, 2005 and the present while
residing in any other part of the United States, this Notice describes your rights
concerning settlement of a lawsuit.
A court authorized this Notice.
This is not a solicitation from a lawyer.
The United States District Court for the Middle District of Florida, Tampa Division,
has certified for settlement as a class action a case known as Spinelli, et al.
v. Capital One Bank (USA), N.A., et al., 8:08-132-T-33EAJ. The class (the “Settlement
Class”) is defined as:
All natural persons who have or had Capital One credit card accounts with a billing
address in the United States and who enrolled in and were charged for Payment Protection
during the Class Period. Any cardholder who filed for bankruptcy after enrolling
in Payment Protection is excluded from the class.
The Class Period is from September 28, 2003 through July 31, 2010 for those class
members who had a billing address in Florida at the time of enrollment in Payment
Protection. The Class Period is from January 1, 2005 through July 31, 2010 for those
class members who had a United States billing address outside the state of Florida
at the time of enrollment in Payment Protection.
Payment Protection provides debt cancellation when certain events, such as involuntary
unemployment, disability, or death, occur, and is an amendment to the Capital One
credit card account agreement. If this notice was mailed to you, Capital One’s records
reflect that you are a member of the Settlement Class.
In the lawsuit, plaintiffs alleged that Capital One provides customers insufficient
pre-enrollment disclosures about Payment Protection restrictions. They also contended
that it was too difficult to obtain Payment Protection benefits for eligible claims.
Plaintiffs asserted claims for breach of contract, violations of the unfair trade
practices acts of several states, violations of the Truth in Lending Act (15 U.S.C.
section 1601 et seq.), and unjust enrichment. Capital One denied that it breached
any contracts, denied that it engaged in any unlawful acts, and denied that it caused
damages to anyone. Capital One otherwise disputes all of plaintiffs’ claims and
allegations. By entering into a settlement, Capital One does not concede the truth
or validity of any of plaintiffs’ claims or allegations.
A settlement of this lawsuit has been negotiated, which may entitle you to a credit
or payment, as described below. Unless you take steps to exclude yourself from the
case, you will waive your legal rights to bring a lawsuit against Capital One for
any claims that you have about Payment Protection whether or not you take any action
in response to this notice. Please read this Notice carefully.
Your Legal Rights And Options
Submit a Claim
You can submit a claim form and you may be eligible for a credit on your account
or payment, as described below. Any claim you may presently have against Capital
One relating to Payment Protection will be waived.
Do Nothing
Any claim you may presently have against Capital One relating to Payment Protection
will be waived.
Exclude Yourself from the Case
This option allows you to sue Capital One on your own regarding Payment Protection,
or to be included in another lawsuit against Capital One concerning Payment Protection.
Basic Information
Why Did I Get This Notice?
According to Capital One’s records, (1) you have or had a Capital One credit card
account; and (2)(a) you enrolled in and were charged for Payment Protection for
that account between September 28, 2003 and July 31, 2010, while you had a billing
address for your credit card in Florida, or (b) you enrolled in and were charged
for Payment Protection for that account between January 1, 2005 and July 31, 2010,
while you had a United States billing address outside the state of Florida. If those
things are true about you, you are a member of the Settlement Class described above.
What Was This Lawsuit About?
Payment Protection is an optional amendment to the Capital One credit card agreement
that cancels (i.e., pays) some or all of the credit card balance under certain circumstances.
All customers who enroll in Payment Protection receive a death benefit: if the customer
dies while enrolled in Payment Protection, the balance of the covered account, up
to $10,000, is cancelled (paid off). Other benefits available under Payment Protection
depend on the customer’s status at the time the customer enrolled in Payment Protection
or at the time Payment Protection benefits are sought. If a customer becomes totally
and permanently disabled while enrolled in Payment Protection, the balance of the
covered account, up to $10,000, is cancelled (paid off). If a customer becomes involuntarily
unemployed (fired, laid off) or becomes temporarily disabled while enrolled in Payment
Protection, the minimum monthly payments on the covered account are cancelled (paid)
for up to twelve consecutive months. Persons who are retired, unemployed, employed
part-time, seasonally employed, self-employed, or employed by a spouse at the time
of the claimed loss are not eligible for the unemployment and temporary disability
benefits. All customers enrolled in Emergency Payment Protection are eligible, upon
request, for the additional benefit of having one minimum monthly payment made per
calendar year.
The lawsuit alleged that the restrictions on benefits that are based on the customer’s
employment status at time of enrollment were not adequately disclosed to customers
before they enrolled in Payment Protection. The lawsuit also alleged that the process
for obtaining benefits under Payment Protection was too difficult.
Capital One denied these allegations, and claims that all of the terms of Payment
Protection were promptly and clearly disclosed to customers who enrolled. Capital
One also claimed that benefits were not hard to access.
Who Represented Me?
Kenneth Spinelli is a former Capital One credit card holder who was enrolled in
Payment Protection while he had a Capital One credit card. He is one of the customers
who filed this lawsuit against Capital One. He asked that the Court appoint him
to represent all class members, including you, in this case. Mr. Spinelli is retired.
Additional plaintiffs from related actions were also named as Class Representatives
by the Court. These plaintiffs include Michael Blackie, Trina Blackman, Alice Lewandowski,
Rose Carr, Robin Deaver, Linda R. McCoy, Anthony Mitchell, Elizabeth Silicato, Patricia
Tinder, Laverne Scruggs, Jeff Salazar, Harold G. Smith, Trudy Smith, Jeremy Morrow,
Lisa Sullivan, and David Watlington.
The Court approved the law firms of the Owings Law Firm, Carney Williams Bates Bozeman
& Pulliam PLLC, Carter Walker PLLC, and Wagner, Vaughan, McLaughlin & Brennan,
P.A. to represent you and the other Settlement Class Members. You will not be charged
for these lawyers. If you want to be represented by your own lawyer, you may hire
one at your own expense.
What Benefits Can I Receive As A Result Of This Settlement?
You are required to fill out, sign under penalty of perjury, and submit a claim
form (a copy of which is enclosed with this notice) to receive any benefit from
this settlement. The benefits will be a payment that may be in the form of a credit,
if you currently have a Capital One credit card or if your account charged off with
money owing on your account. The benefit may be paid by check if you closed your
Capital One credit card with no money owing to Capital One.
If you submit a claim form, the amount of the benefit will vary, depending on whether
your account is open, closed in good standing, or charged off. The amount of the
benefit will also vary, depending on whether or not you ever attempted to activate
Payment Protection benefits and whether or not you received Payment Protection benefits.
For example, if you complete, sign, and submit a claim form, you may receive one
of the following benefit amounts, depending on your circumstances and your responses
on the claim form. If you attempted to activate and received Payment Protection
benefits, the amount of the benefit that you are eligible to receive is between
$15-20. If you never attempted to activate Payment Protection benefits, the amount
of the benefit that you are eligible to receive is between $15-28. If you attempted
to activate, but did not receive, Payment Protection benefits, the amount of benefit
that you are eligible to receive is between $15-63. The determination of whether
or not you ever attempted to activate and whether or not you ever received benefits
will be made solely from Capital One’s records. Class Counsel will review such determinations
before final approval of the settlement. You must mail your claim form to the following
address so that it is received no later than December 31, 2010: Settlement Administrator,
P.O. Box 5006, Glen Allen, VA 23058-5006.
Do I Have To Pay The Lawyers Representing Me?
No. As a part of the settlement of this case, Capital One agreed not to contest
any award of attorneys’ fees, costs, and disbursements to Class Counsel in the amount
of $12.8 million or less.
What Am I Agreeing To By Remaining In The Settlement Class In This Case?
Unless you exclude yourself, you will be part of the Settlement Class, and that
means that any claims you have about Payment Protection will be fully and completely
resolved and that you cannot sue, continue to sue, or be part of any other lawsuit
against Capital One about the marketing, sale, or claims administration of Payment
Protection. It also means that the Court’s Orders approving the settlement and the
judgment in this case will apply to you and legally bind you.
Excluding Yourself From The Settlement Class
If you want to keep the right to sue or continue to sue Capital One, on your own,
about the marketing, sale or claims administration of Payment Protection, you must
exclude yourself from the Settlement Class in this case. If you exclude yourself,
as set forth below, you will not be eligible to recover any benefits as a result
of the settlement of the action.
How Do I Exclude Myself From The Settlement Class In This Case?
To exclude yourself from the Settlement Class in this case, you must send a letter
by mail saying that you want to be excluded from the Settlement Class. To be valid,
your exclusion request must include: (1) the name of this lawsuit, Spinelli v. Capital
One Bank (USA), N.A.; (2) your full name, address, and telephone number; (3) a statement
that you wish to exclude yourself from the Settlement Class; and (4) your signature.
You must mail your exclusion request to the following address so that it is received
no later than November 3, 2010: “Payment Protection Case Exclusions”, P.O. Box 5006,
Glen Allen, VA 23058-5006.
REQUESTS FOR EXCLUSION FROM THE CLASS THAT ARE NOT RECEIVED ON OR BEFORE NOVEMBER
3, 2010 WILL NOT BE HONORED.
You can’t exclude yourself from the Settlement Class by telephone or by email. You
can't exclude yourself by mailing a request to any other location or after the
deadline. Your exclusion letter must be signed by you. You can't exclude yourself
by having an actual or purported agent or attorney acting on behalf of you or a
group of Settlement Class members sign the letter. You must personally sign the
letter to exclude yourself from the class.
What Happens If I Do Nothing At All?
You will remain a member of the Settlement Class. See question 6, above.
Getting More Information
Objecting To The Settlement
If you are a Settlement Class member, you can object to the Settlement if you do
not like any part of it. You can give reasons for your views, and the Court will
consider your views. To object, you must send a signed letter setting forth your
name, address, telephone number and all the reasons for your objection to the Settlement.
You must file the objection with the Court and serve it by mail on the following
counsel so that it is received by both Class Counsel and Defendants’ Counsel by
November 3, 2010:
Sam M. Gibbons U.S. Courthouse
Clerk of the Court
Middle District of Florida
Sam M. Gibbons U.S. Courthouse
801 N. Florida Ave.
Tampa, FL 33602
Steven Owings
Owings Law Firm
1320 “D” Brookwood
Little Rock, AR 72202
J. Allen Carney
Carney Williams Bates Bozeman & Pulliam PLLC
11311 Arcade Dr., Suite 200
Little Rock, AR 72404
Gregory Dresser
Morrison & Foerster LLP
425 Market Street
San Francisco, CA 94105
The Honorable Virginia M. Hernandez Covington will hear any objections in a Fairness
Hearing scheduled for 10:00 AM on November 19, 2010, at the Sam M. Gibbons U.S.
Courthouse, Courtroom 14B, in Tampa, FL.
Where Can I Get More Information About The Lawsuit?
This notice summarizes the current status of the case and the settlement of the
case negotiated by counsel for parties to the action. Additional information regarding
the case, including important Court filings, can be found at
www.spinellisettlement.com.
Class Counsel can also provide you with additional information. You can contact
Class Counsel at: J. Allen Carney, Carney Williams Bates Bozeman & Pulliam PLLC,
11311 Arcade Dr., Suite 200, Little Rock, AR, 72212, (501) 312-8500.
Note: Do not
call or write the Court or the Court Clerk’s office for more information.
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