Capital One Can’t Ditch Contract Claims in ATM Fee Class Action

Capital One N.A. was unable to ditch breach of contract claims that are part of a broader class action alleging that the bank hit consumers with excess out-of-network ATM fees.

Judge Jeffrey T. Miller of the U.S. District Court for the Southern District of California said in a Nov. 13 ruling that further briefing was needed to determine whether Capital One breached its contract by charging consumers $2 for checking their account balances and $2 for withdrawing cash from out-of-network ATMs.

The breach of contract claim is the first of eight different claims included in the class action filed May ...