Welcome to Capital One Bank. This Account Agreement (herein after referred to as "Agreement"), as may be amended from time to time, constitutes the deposit contract which governs all consumer online checking accounts with Capital One Bank. Specifically incorporated by reference into this Agreement, as applicable, are the following, also as may be amended from time to time: Account Agreement Supplement, Deposit Receipt, Privacy Notice, Schedule of Fees and Charges, Online Banking Terms and Conditions Agreement, Online Bill Payment Authorization and Agreement, and any other agreement pertaining to services for which you have contracted in connection with your checking account. By opening or continuing to maintain a checking account with us, you agree to be bound by the applicable provisions of this Agreement, and all applicable agreements, disclosures, and other documents, as well as by all applicable federal or state laws, statutes and regulations. Please read and keep a copy of this Agreement for your records. If you ever add a new service to this account, your use of that service counts as your acceptance of the rules and regulations in effect at the time. The words "Capital One Bank", "our," "we," or "us" means Capital One Bank (USA), N.A. or Capital One, N.A., as applicable. The words each "you" or "your" refer to each owner of the account.
The Privacy Notice, Online Banking Terms and Conditions Agreement, and Online Bill Payment Authorization and Agreement are available on our website, www.capitalone.com ("Website").
Important Information about Procedures for Opening a New Account. To help the United States Government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information identifying each person who opens an account. When you open an account, we will ask for your name, street address (a post office box may not be used), date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Federal law requires that you provide us with your Social Security Number or your Employer Identification Number before opening any account. If you fail to provide us with the number, we will not be able to open this account.
We may decline to open an account for any reason, or for no reason. We are not liable for any damages or liabilities resulting from refusal of an account relationship.
Your New Account. Additional terms and conditions, applicable service charges, minimum deposit requirement, and where applicable, information concerning the calculation, compounding and crediting of interest are contained in your Account Agreement Supplement. Your account is considered a new account if it has been open for thirty (30) calendar days or less. If you already have existing checking accounts with Capital One Bank that have been open for a period of at least thirty (30) calendar days, accounts subsequently opened will not be considered new accounts. Capital One Bank checking products are online products and cannot be serviced in Capital One Bank branches.
Additional Deposits. Unless otherwise provided by the terms and conditions contained in your Account Agreement Supplement, additional deposits may be made at any time by electronic funds transfer or mailed to our lock box. We reserve the right to return any deposit that causes your checking account to exceed $250,000.00. There is no limit on the number of deposits that may be made to an account.
Accepting Items for Deposit. Capital One Bank will accept items for deposit, but acts only as your agent for collection and assumes no responsibility for these items, beyond the exercise of ordinary care. Even though we credit your account for the amount of any item, this credit is temporary until we receive final payment in cash or other manner acceptable to us. We reserve the right to require waiting periods, as described in the Deposit Availability Disclosure provided herein, before we will allow withdrawal against temporary credits. Any temporary credit may be reversed by us. If a temporary credit is reversed, a fee will be deducted from the account, together with any interest earned on that amount. Your account may also be debited for any special fees incurred in processing items for collection. You hereby waive notice of dishonor, nonpayment or protest with respect to any items credited to or charged against your account.
We will not be able to allocate a deposit from a single check into multiple accounts; however, we can assist with distributing funds after they have been deposited into a single account.
Deposit Errors. If we mistakenly credit your account for funds to which you are not the rightful owner, we may deduct those funds from your account, even if this causes your account to be overdrawn. We may do so at any time and without prior notice to you.
Withdrawals. Withdrawals from your account may be made only by authorized signer(s) on the account. We will not pay withdrawals to third parties. If you provide your ATM/Debit card and personal access code to a third party, you have authorized the third-party to withdraw funds from your account at an ATM machine or point of sale terminal.
Unless your Account Agreement Supplement states otherwise, you may make any number of withdrawals from your account in person or at any ATM; provided that you do not exceed daily withdrawal/transfer limits. Please refer to the section titled Electronic Funds Transfer for the limits applicable to your Online Banking and/or ATM/Debit card transactions.
Notice of Withdrawal. We may allow withdrawals at any time, but reserve the right to require twenty-one (21) days written notice of intention to withdraw funds from any account, except that no advance notice of an intended withdrawal is required prior to a withdrawal of funds from a non-interest bearing transaction account.
Same Day Transactions. We are not responsible for paying items against deposits made the same day the items are presented for payment.
Statements. We will provide you with a monthly statement in an electronic format. You must enroll in Online Banking by visiting our Website ("Online Banking"). Your statements will be accessible once you enroll in Online Banking. Accounts enrolled in Online Banking are subject to additional terms and conditions which will be provided to you at enrollment. Upon request, we can mail copies of your statements to your current address in our system. Associated charges are provided in the Account Agreement Supplement.
You must inspect your statement and any cancelled checks promptly after they are made available to you. You must notify us in writing within thirty (30) days from the date your statement is made available to you, or your account transaction history is made available to you through Online Banking, of any errors, discrepancies or irregularities, including but not limited to, unauthorized signature, alterations, improper charges, unauthorized transfer or withdrawal of funds, non-receipt of an expected statement, or that any deposit was not properly credited to your account. With respect to claims of unauthorized, missing or improper endorsements on any item drawn on your account, you must notify us in writing within sixty (60) days from the date your statement is made available to you, or items are made available to you through Online Banking. We will not be responsible for any loss suffered by you if you do not notify us in writing within these stated time periods. If we pay an item bearing an unauthorized signature, forged maker's signature or forged endorsement or alteration, our liability, if any, shall be limited to the face amount of the item.
These time limits do not affect your rights under the Electronic Funds Transfer Act. Please refer to the Electronic Funds Transfer section of this Agreement for time limits and error resolution procedures for unauthorized or erroneous electronic funds transfers.
Claim of Loss. If you claim a credit or refund because of a forgery, alteration, or any other unauthorized withdrawal, you agree to cooperate with us in the investigation of the loss. Your cooperation will include, but not be limited to, providing us with an affidavit containing whatever reasonable information we require concerning your account, the transaction and the circumstances surrounding the loss. You further agree to notify law enforcement authorities of any criminal act related to the claim. We will have a reasonable period of time to investigate the facts and circumstances surrounding any claim of loss. Unless we have acted in bad faith, we will not be liable for special or consequential damages, including loss of profits or opportunity, or for attorneys' fees incurred by you. You agree that you will not waive any rights you have to recover your loss against any one who is obligated to repay, insure or otherwise reimburse you for your loss. You will pursue your rights or, at our option, assign them to us so that we may pursue them. Our liability will be reduced by the amount you recover or are entitled to recover from these other sources.
Transactions using Telephone Banking. Telephone transactions require the entry of your personal access codes and social security number to transfer funds between checking, savings and money market accounts bearing your name and linked to your social security number. All accounts must be maintained with us. You are solely responsible for the security of your personal access codes, which should be held under the strictest confidence and not revealed to other persons. If you know or suspect that another person knows your access codes, you should notify us immediately so that your access codes may be changed. You will be liable for unauthorized transactions to your accounts using your access codes to the extent allowed by applicable state or federal law. You hereby agree that the security procedure described in this section is commercially reasonable and authorize us to process transfers between your accounts via our automated telephone service. Please consult the Electronic Funds Transfer section for the rules and regulations regarding telephone transfers and the limits of our liability.
Processing Order of Debits. Electronic debits consisting of wire transfers, ATM withdrawals and online transfers conducted on any given day will generally be posted to your account first, followed by all other checks, ACH payments, automated loan payments, and point of sale (debit card) transactions conducted that day.
Multiple items within the same posting priority presented for payment on any given day will generally be posted to your account in descending order (i.e., from highest dollar amount to lowest dollar amount).
The below Processing Order of Credits and Debits section is effective February 22, 2013, and replaces the above Processing Order of Debits section.
Processing Order of Credits and Debits. We process credits and debits to your account in a specific order. We refer to this as the processing order and it is how we decide what posts first and last each day. The processing order also determines the order that you will see the items on your statement.
Our processing order might not be the same as the order you make transactions and could result in overdraft transactions. You can avoid overdrafts on your account by always making sure you have enough available funds in your account to cover your transactions. Please read the section entitled "The Availability of Your Funds" in this Money Market & Savings Account Agreement for more information on when we make funds available to you.
Credits, like check or cash deposits, increase your account balance. Debits, like ATM withdrawals and debit card transactions, decrease your balance. We will process credits and debits as follows:
- All credits to your account that are received by the close of our business day will be processed to your account first. Any credits that we initiate to your account, like interest payments, will be processed last. Credits received after our business day cutoff time will be processed the next business day. We will post credits from the highest to lowest dollar amount, regardless of the order in which we receive or process them.
- After we have processed any credits to your account, we will process debits. First, we group any similar types of debits (like all checks) together into separate categories. Then, we process those debits within each category in a specific order such as by dollar amount. For some debits, we will know the time you made the transaction. This allows us to post the debit closer to the time you actually made the debit transaction instead of by dollar amount.
To help you better understand our debit processing, we have created the following table that includes both the category of debits to be processed and our processing order for each:
|Processing Order||Debit Category||Examples||How Processed|
|1||Debits deferred from a prior day for manual review due to insufficient or unavailable funds and related fees||• Manually approved checks and ACH transactions
• Overdraft and nonsufficient funds (bounced check) fees from the prior business day
|Lowest dollar amount to highest.|
|2||Cash or cash-like withdrawals||• ATM withdrawals
• Wire Transfers
• Capital One loan payments
|Date and time, if available. Everything else from lowest dollar amount to highest.|
|3||Customer initiated service charges and fees (except overdraft transfer protection fees)||• Stop payment request
• Check re-order fees
• Wire transfer fees
|Date and time, if available. Everything else from lowest dollar amount to highest.|
|4||Debit card transactions and fees||• One-time and recurring debit card transactions||Date and time, if available. Everything else from lowest dollar amount to highest.|
|5||Automated Clearinghouse (ACH) transactions||• Automatic payments you authorize, like mortgage payments or monthly utility bills||Date and time, if available. Everything else from highest dollar amount to lowest.|
|6||Checks and other payment items||• Check payments
• Capital One Bank Online Bill Pay transactions
|Highest dollar amount to lowest.|
|7||Bank initiated transaction fees||• Returned items chargeback fee||Highest dollar amount to lowest.|
|8||Certain Capital One Bank account-to-account funding transfers and related fees||• Overdraft protection plan
• Sweep account
|Highest dollar amount to lowest.|
|9||Credits and debits that we initiate||• Account interest payments (credits)||Credits first, then debits.|
Returning Items. You do not have the right to write a check or draft, to make an ATM or other withdrawal, or to initiate or have an automatic debit processed against your account for an amount that exceeds your available balance. At any time before final payment (as defined in the Uniform Commercial Code) we may return any check, draft, negotiable order of withdrawal, electronic debit or other item presented for payment against your account when there are insufficient available funds in your account to pay the item or if for some other reason the item is not good or payable. In addition, we may charge a fee for each item returned in accordance with your Account Agreement Supplement.
Overdrafts. We may in our sole discretion, and without obligation, elect to pay checks and other items drawn on your deposit account or to permit automatic bill payments and withdrawals against your account for an amount in excess of your available balance (an "Overdraft"). Generally, we will not authorize and pay overdrafts for ATM transactions and everyday debit card transactions. You have no right to overdraw your account at any time, for any reason, and our decision to pay Overdraft items is solely within our discretion. You understand and agree that if we elect to pay Overdraft items or to permit an Overdraft to exist in your account, you have no right to defer payment, and you must deposit additional funds into your account promptly in an amount sufficient to cover the Overdraft and to pay us Overdraft fees for each Overdraft item in accordance with our Account Agreement Supplement. We will not assess more than four (4) fees per day for overdrawing your account. We also will not charge an overdraft fee if your account is overdrawn $5.00 or less at the end of each business day. You acknowledge and agree that Overdraft fees we may charge you are not considered to be "interest" for any purpose. You additionally acknowledge and agree that no oral or other statement made to you by any of our officers or employees, or any course of dealing under which we may, from time to time, or one or more times, elect to pay and honor Overdrafts on your account, may be construed by you, or by any third person, or by any court or arbitrator, to in any way modify, amend, or contravene the foregoing provisions, or to in any way obligate us to pay and honor future Overdraft items or permit you to defer payment of existing and future Overdraft balances.
Stop Payment Orders. You or any one of the signers on your account may request us to stop payment on a check written on your account. You understand that unless we have complete and accurate information from you, we may be unable to identify the check for which a stop payment has been requested which will result in the check being paid. We also require a reasonable amount of time to act on the request. If two or more signatures are required to transact business, we may accept any ONE authorization for a stop payment order.
Under certain circumstances, current transaction information may not be available, and the item upon which a stop payment has been requested may already have been paid. If the item upon which you have stopped payment has already been paid, we will refund the stop payment fee at your request. Stop payment orders expire after six (6) months. Unless stop payment orders are renewed in writing, Capital One Bank assumes no responsibility if the item is paid after the expiration of the stop payment order. You will be charged a fee for initial and renewed stop payment orders in accordance with your Account Agreement Supplement.
You may not stop payment on a check that is used to purchase a Cashier's Check, on the purchased Cashier's Check (except as otherwise provided by applicable law), or on any item that has already cleared or has been paid.
Automated Processing. In accordance with general banking standards, we have adopted automated collection and payment systems which rely on information encoded onto each check in magnetic ink. You agree that we may disregard all information on any check drawn on your account (front and back) other than your signature, the amount of the check and the information encoded in magnetic ink. You further agree that we shall not be deemed to have failed to exercise ordinary care in paying an item solely because our procedures do not require us to perform a sight examination of items with a face amount below a threshold level established by us from time to time.
Postdated Checks. If you write a post-dated check, we may pay it and charge it against your account, even if it is presented prior to the date of the check.
Stale Checks. We are not obligated to pay a check (other than a certified check) presented for payment more than six months after its date (a "Stale Check"). Notwithstanding the foregoing, you agree to hold us harmless if we pay a Stale Check. If you do not want us to pay a Stale Check, you must place a stop-payment order on the check.
Restrictive Legends. We are not required to honor any restrictive legend placed on checks you write unless we have agreed in writing to the restriction. Examples of restrictive legends placed on checks are "must be presented within 90 days" or "not valid for more than $1000". We are not responsible for any losses, claims, damages, or expenses that result from your placement of these or other special instructions on your checks.
Drafts Which Do Not Bear Your Signature. If we receive a draft drawn against your account which does not contain your signature as reflected on the signature card for your account we may, at our discretion, return the draft unpaid. If you wish to ensure that a draft drawn against your account but not bearing your signature will be paid, you must communicate to us in advance that you want the draft to be paid.
Facsimile Signature/System Generated Signatures. If you authorize us to honor any facsimile or system-generated signature, you have the sole responsibility for maintaining the security of each signature affixing device or system. No facsimile or system-generated signature shall be deemed to be an unauthorized signature notwithstanding the lack of authority of the person(s) affixing such signature, and you shall be solely responsible for any and all losses incurred in connection with the use of the facsimile or system-generated signature.
Power of Attorney. Power of attorney is a legal arrangement in which a person (the principal), authorizes another person (the agent/attorney(s)-in fact) to act on his or her behalf with respect to certain matters. Such matters may include banking, retirement benefits, real estate, insurance, and other transactions. If you want someone other than an authorized signer on your account to transact business on your account, you must provide us with a Virginia statutory durable power of attorney or a power of attorney in a form reasonably acceptable to us which identifies the person to whom you grant your power of attorney and each account for which you wish the agent to exercise the power of attorney.
We have no duty or agreement whatsoever to monitor or insure that the acts of the agent are for your benefit. We may continue to honor the transactions of the agent until: (a) we have received written notice or have actual knowledge of the termination of the authority or the death of the principal, and (b) we have had a reasonable opportunity to act on that notice or knowledge. You agree not to hold us responsible for any loss or damage you may incur as a result of our following instructions given by an agent acting under a valid power of attorney.
Death or Incompetence. You agree to notify us promptly if any person with a right to withdraw funds from your account(s) dies or becomes legally incompetent. We may continue to honor your checks, items and instructions until (a) we know of your death or legal incompetence, and (b) we have had a reasonable opportunity to act on that knowledge. You agree that we may pay checks drawn on or before the date of death or legal incompetence unless ordered to stop payment by someone claiming interest in the account. We may restrict access to your account upon notice of your death or legal incompetence until the appropriate documentation is provided to us by your executor, administrator or other legal representative of your estate or person.
Grant of Security Interest and Right to Set Off. To secure payment of any monies that you may owe us or any of our affiliates, for any reason, you grant us a continuing security interest in all funds that you may now and in the future maintain on deposit with us, with the exception of funds held in a trust or fiduciary account, or in an Individual Retirement Account, or in other qualified tax-deferred accounts. You agree that we may apply (set-off) funds that you maintain on deposit with Capital One Bank or any of its affiliates, against any amount that you may then owe us or any of our affiliates, under a loan, or Overdraft, or guaranty, or for any other reason at any time and without prior notice to you. This right of set-off does not apply if the debt is created under a consumer credit card plan. We may set-off your account at any time whether or not you are then in default in making payment to us, and we may exercise our right of set-off without liability to you even if it results in an interest penalty or dishonor of subsequent checks and other items with respect to your account. You further agree that the foregoing right extends to any federal or state benefit payments (including Social Security benefits) electronically deposited into your account. You understand and agree that if you do not want your benefits to be subject to our right of set-off, you may change your direct deposit instructions by providing notice to the benefits payor at any time. You also agree that any federal benefits or other payments deposited to your account after you are no longer eligible to receive benefits must be returned to the federal government or other payor, and we may set-off against any of your accounts if we are obligated to return funds to the payor. Our right to set-off your account is in addition to any other rights and remedies that we may have under law or under any other contractual agreement.
Collection Expenses. You agree to pay and reimburse us for our reasonable costs and expenses in attempting to collect amounts that you owe us arising out of transactions on your account. This includes payment and reimbursement of fees we incur for collecting such amounts, including, without limitation, attorneys' fees (including our in-house attorneys) and court costs.
Reporting Information to Credit Bureaus and Check Verification Systems. We may report information about your account to credit bureaus and/or check verification systems. Defaults on your account may be reflected in your credit report. In the event we report your account to a check verification system, you acknowledge that even if you pay us all amounts owed, we are not required to remove an accurate report of account mishandling from any such check verification system.
Adverse Claims. If we receive conflicting instructions with respect to your account, or notice of an adverse claim of ownership, right to control, or access to funds in your account, or notice that the funds in your account may have been obtained through fraudulent or criminal acts, you agree that if any such dispute exists, we may place a hold on the funds in your account and refuse to honor all withdrawal and transfer requests, including checks written on the account, until all appropriate parties provide us with joint specific written instructions with respect to disposition of the funds. We are not required to determine whether a dispute has merit. Additionally, we shall have the right to close the account and deposit the funds held in the account into the registry of a court of proper jurisdiction, wherein the adverse claimants and/or appropriate parties shall be interpleaded and/or joined to the action for purposes of resolving the dispute regarding the funds. If we elect to take any action(s) described herein, you agree that we shall not be liable to you for damages of any kind, and you agree to pay and reimburse us for our reasonable costs and expenses including, without limitation, attorneys' fees (including our in-house attorneys) and court costs from the funds in the account prior to any distribution. If an adverse claim is made among joint depositors, the rights of the parties shall be determined in accordance with the section herein entitled Special Rules for Multiple Party Deposit Accounts.
Legal Process Against Account. If your account is attached, garnished, or otherwise subject to levy or seizure, in whole or in part, by legal action, we shall not be liable to you for any sums we may be required to pay because of such attachment, garnishment, levy or seizure, even if paying the money from your account leaves insufficient funds to pay a check you have written. You hereby authorize us to comply with legal process, and we are not required to determine whether the court issuing the legal process had jurisdiction over you or over the account or otherwise had the authority to issue the legal process. If we incur any expenses, including without limitation, reasonable attorney fees, in responding to an attachment, garnishment, levy, or seizure that are not otherwise reimbursed, we may charge such expenses to your account without prior notice to you. Any such attachment, garnishment, levy or seizure is subject to our right of offset.
Unclaimed Property/Inactive Accounts/Dormant Accounts. The law establishes procedures under which unclaimed property must be surrendered to the applicable State. The applicable State is usually the State listed in the address on your account statement. Generally, the funds in your account are considered unclaimed if you have not had any activity or communication with us regarding your account over a period of years. If your funds are surrendered to the State, you may be able to reclaim them, but your claim must be presented to the State. Once your funds are surrendered, we no longer have any liability or responsibility with respect to the funds. If your account becomes dormant, you may be unable to conduct certain transactions until verification of account ownership. Please ask us if you want further information about the period of time or type of activity that will prevent your account from becoming dormant.
Closing an Account. We may close any account in our sole discretion at any time and for any or no reason. If we close your account, we will notify you of our action and send you a check for the collected balance in your account, less any amounts due to us or for checks in process. Capital One Bank is not liable for any damages or liabilities resulting from the termination of an account relationship. Subject to any rights we may have with respect to advance notice of withdrawal from your account, you may close your account at any time and for any reason. If we receive a deposit to your closed account, the account may be reopened to accept the deposit and funds deposited therein will be subject to any and all rights we may have with respect to offset.
Payment Processing Restrictions on Internet Gambling Fund Transfers. The Federal Reserve recently enacted regulations that require U.S. financial firms that participate in designated payment systems to establish and implement policies and procedures reasonably designed to prevent payments connected to unlawful Internet gambling. In light of the regulations, please be informed that restricted transactions (as defined in Federal Reserve Regulation GG / 12 CFR Part 233) are prohibited from being processed directly or indirectly through any account or relationship maintained with us. Restricted transactions generally include, but are not limited to, those in which credit, electronic fund transfers, checks or drafts are knowingly accepted by gambling businesses in connection with unlawful Internet gambling.
Special Rules for Multiple Party Deposit Accounts.
We may treat each co-owner of a joint account as having full and complete authority to make deposits into such account, to request information with respect to such account and to place a hold on such account.
Deposits: Each co-owner authorizes the other co-owners to endorse for deposit into the account any item payable to any or all of the co-owners, and you expressly authorize us to supply the endorsement of any co-owner necessary for such deposit.
(a) You authorize us to recognize the signature, oral or electronic instruction of any co-owner for withdrawals, payments or funds transfer. We are not required to enforce multiple signature requirements that you may have agreed upon among yourselves.
(b) We may continue to honor checks and withdrawal requests by any co-owner without liability to any other co-owner unless we receive written notice signed by one of you not to honor checks or withdrawals against the joint account. After we receive such a notice, we may require written authorization from all of you for any checks or withdrawals. If we receive a notice in writing as provided by this section 3(b), we shall be relieved of responsibility to each and every co-owner for failure or refusal to honor any check, draft or other demand for payment or withdrawal unless the action is authorized by all co-owners in writing.
Without notice to any party, we may withdraw or hold any or all of the money in the joint account and apply funds withdrawn to reduce any indebtedness of any party due and owing to Capital One Bank. A notice sent, mailed or delivered to any party constitutes notice to all.
We may make payment from the joint account, including payment of the entire account balance: (i) pursuant to any statutory or common law right of set-off, levy, attachment, or other valid legal process or court order, relating to the interest of any one or more of the co-owners and (ii) on request, to a trustee in bankruptcy, receiver in any state or federal insolvency proceeding or other duly authorized insolvency representative or any one or more of the co-owners.
Overdrafts: In the event that we pay an electronic transaction and/or check against the joint account and that payment causes an Overdraft, each party to that joint account will be jointly and severally liable to us for the amount of that Overdraft without regard to which party initiated the electronic transaction or signed the check or for what purpose the proceeds of the transaction were used.
Death of a Party. You agree to notify us of the death of any joint owner and to reimburse us for any tax we must pay by reason of our payment or release of funds in the account to you. Upon the death of any account owner, the funds in a multiple-owner account shall belong to the surviving owner(s). We reserve the rights to hold funds in the account until we receive documentation satisfactory to us, proving death and/or directing the disposition of such funds.
If you want to change the form of your account, you must notify us in writing, by certified or registered mail, return receipt requested, addressed to Capital One Bank, P.O. Box 4199, Houston, TX 77210-4199. The altered form of account selected must be an account offered by Capital One Bank and written notice must be made by the proper completion of a document approved by Capital One Bank and delivery of that document to us. Written notice must be signed by you and is not effective unless received by us.
Limitations on Assignment and Transfer of Ownership. You may not assign or transfer ownership of your deposit accounts with us without obtaining our prior written approval. In addition, you may not grant a security interest in funds held in your deposit accounts in favor of any other creditor without obtaining our prior written approval, which we have the right to withhold for any or no reason. If any ownership interest in an account is proposed to be transferred or if there is any change in account title, we may require that the account be closed and a new account be opened.
Reserve Money Manager. Our Reserve Money Manager account system allows us to manage our Federal Reserve Bank balance requirements efficiently. Each deposit account in the system consists of two sub-accounts: a demand deposit account ("DDA") sub-account which presently has a reserve requirement and a money market deposit account ("MMDA") which presently has no reserve requirement. Although there are two sub-accounts, your account is considered a single account for your deposits and withdrawals, as well as for tax reporting, balance requirement, service charge and monthly statement purposes. The existence of the sub-accounts is for internal accounting and regulatory reporting purposes only and will not change the manner in which you use, obtain information about or earn interest on your account.
Under the Reserve Money Manager account system, the funds in your account up to and including $1000 (the "Threshold Balance") will be placed in the DDA sub-account, while funds in excess of the Threshold Balance will be placed in the MMDA sub-account. Periodically, we will review the checks, debits and withdrawals paid from your account, and we may change the Threshold Balance from time to time, based on this information.
All checks, withdrawals and other debits will be paid from the DDA sub-account. We will automatically transfer balances from the MMDA sub-account to the DDA sub-account. No more than six transfers will occur in any monthly statement period. Should a sixth transfer be necessary, all funds in the MMDA sub-account will be moved to the DDA sub-account for the remainder of the month. These transfers will not appear on your monthly statement and will not be subject to any fees.
Telephone Solicitation. If you provide our routing number and your account number to a telephone solicitor pursuant to your acceptance of an offer of goods or services made by the solicitor, you agree that any and all subsequent transactions made to your account by the entity which the solicitor represents are considered authorized transactions. We shall not be liable for any transactions you later allege are unauthorized unless you have placed stop payment order, and we have had a reasonable time to act upon your stop payment request.
Communications. We may contact you regarding your accounts in the manner we choose unless the law says that we cannot. These contacts are not unsolicited and might result from information we obtain from others. When we obtain your mobile telephone number, we may contact you at this number using automatic dialing equipment and leave prerecorded and other messages. We may also monitor or record any conversation with you.
Correspondents. Capital One Bank may forward items to correspondent banks and will not be liable for the wrongful conduct of the correspondent bank. Each correspondent will be liable only for its own negligence. We will not be liable for the loss of items in transit.
Wire Transfers. All wire transfer requests must be transmitted to us in accordance with procedures we specify. By requesting a wire transfer, you agree to the following: We may execute wire transfers through the funds transfer system owned and operated by the Federal Reserve Banks ("Fedwire") or other funds transfer system. If your funds transfer is processed using Fedwire, your rights and obligations are governed by Regulation J of the Federal Reserve Board. You agree that we are not required to provide you with a separate notice of incoming or outgoing wire transfers. We notify you by listing the wire transfer on your account statement. You can verify whether a wire transfer has been processed to your account by calling us at 1-888-810-4013.
Address Changes. You are responsible for notifying us of any change in your address. Unless we agree otherwise, changes of address must be made in writing by at least one of the account holders. Informing us of your address on a check reorder form is not sufficient. We will attempt to communicate with you only by use of the most recent address you have provided to us.
We may change your postal address of record if we receive an address change notice from the U.S. Postal Service or if we receive information from another party in the business of providing correct address information that the address in our records no longer corresponds to your address.
Reproduction of Bank Records. If you request us to research and/or reproduce any of your records (statements, checks, deposits, withdrawals, etc.) we will charge a fee, and you agree to pay this fee. See Account Agreement Supplement. If the expected fee is large, you may be asked to pay the fee in advance. We reserve the right to provide any account holder with an imaged item in lieu of the original item.
Governing Law/Venue/Waiver of Jury Trial. Applicable federal law will decide any questions under this Agreement, or if no federal law exists, the laws of the Commonwealth of Virginia. Any action you commence against us, arising out of or concerning this Agreement, shall be heard by a judge sitting without a jury. In any such action, Capital One Bank shall be entitled to its reasonable attorney's fees (including in-house attorney's fees) and court costs.
Severability. If any provision of this Agreement is deemed to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity and enforceability of the remaining provisions of this Agreement or of any agreements, disclosures or other documents incorporated by reference herein.
Liability. You agree that we shall be not be liable for acting upon your instructions or failing to act upon your instructions when we reasonably believe that doing so would expose us to civil or criminal liability or conflict with industry standard banking practices. You agree further, that except as otherwise provided by applicable law, IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ATTORNEY’S FEES INCURRED BY YOU, REGARDLESS OF THE FORM OF THE ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Waiver of Rights. We reserve the right to waive any one or more of our rights hereunder in our sole discretion, however, any such waiver shall only apply to that specific instance. Any such waiver of rights can also be terminated at any time, in our sole discretion.
Caption Headings. The caption headings in this Agreement are for convenience purposes only and are not to be construed as a summary of each provision of this Agreement.
Privacy Notice. We understand how important privacy and confidentiality are to you. Please consult our Privacy Notice for information about our commitment to you and your privacy rights. A copy of our Privacy Notice is available on our Website.
Evidence. If we go to court for any reason, we can use a copy, microfilm, or microfiche of any document or electronic documentation, e-mail, or database information to prove what you owe or that a transaction has taken place. These facsimiles will have the same validity as the original documents.
Our Business Days. Our business days are any day other than Saturday, Sunday, and certain Federal and/or state legal holidays. Some Federal and/or state legal holidays may be considered business days for purposes of this Agreement if we are open on such holidays. If you have any questions concerning the designation of a particular holiday as a business day, please call us at 1-888-810-4013 to determine if we are open on that day.
Notices. We shall deem any and all notices to us effective upon receipt by us. Any and all notices to you shall be deemed effective when mailed to your address as reflected in our records. Notice to any one owner of an account constitutes notice to all owners of that account.
Collection Expenses. If we have to file a lawsuit to collect whatever you owe us, you will pay our reasonable expenses, including attorney's fees.
Amendments and Fee Changes. We reserve the right to change our fees, this Agreement and any or all of the agreements, disclosures, and other documents incorporated by reference at any time. If we change this Agreement, the then-current version of this Agreement supersedes all prior versions and contains the terms governing your account. We will provide prior notice of changes to you as required by applicable law. You agree that continued use of your account(s) will constitute your agreement to any and all new fees, Rules, agreements, disclosures and other documents incorporated by reference. If you choose to close your account and do so prior to the effective date of any amendment, you will not be bound by such amendment.
Deposit Availability Disclosure
Deposit Availability: Our general policy is to make funds from your deposits available to you on the second business day after the day we receive your deposit. Electronic transfers initiated by you through us from an external account may not be available until the third business day after the deliver by date. Once funds are available, you may withdraw the funds and we will use the funds to pay checks that you have written. For the purpose of determining the availability of your deposits, the length of delay is counted in business days from the day of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. Deposits received before 3:00 p.m. ET on a business day that we are open, will be considered made on that day. However, deposits received after 3:00 PM ET or on a day we are not open, will be considered made on the next business day we are open. Funds deposited through a lock-box are considered received on the day the deposit is removed from the lock-box and available for processing.
Please remember that even after we have made deposited funds available to you, and you have withdrawn the funds, you are still responsible for checks you deposit that are returned to us unpaid and for any other problems involving your deposit. If you have any questions, contact a Direct Banking Expert by secured messaging or by calling 1-888-810-4013.
Funds from wire transfers and electronic deposits (such as ACH credit transfer direct deposits) will be available on the day we receive the deposit.
Funds from the following deposits are available on the first business day after the day of your deposit:
- U.S. Treasury checks that are payable to you.
- Checks drawn on us.
- The first $200.00 of the deposit.
Longer Delays May Apply
Funds you deposit by check may be delayed for a longer period under the following circumstances:
- We believe the check you deposit will not be paid.
- You deposit checks totaling more than $5,000 on any day.
- You redeposit a check that has returned unpaid.
- You have overdrawn your account(s) repeatedly in the last six months.
- There is an emergency, such as failure of computer or communications equipment.
We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. The funds will generally be available no later than the seventh business day after the day of your deposit.
Special Rules for New Accounts
If you are a new customer, the following special rules will apply during the first thirty (30) days your account is open.
Funds from wire transfers and electronic deposits (such as ACH credit transfer direct deposits) will be available on the day we receive the deposit.
Funds from the deposit of cash and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's, postal money orders and federal, state and local government checks will be available on the second business day after the day of your deposit if the check is payable to you. The excess over $5,000 will be available on the ninth business day after the banking day of your deposit. Funds from all other check deposits will be available no later than the ninth business day after the day of your deposit.
Please ask a Direct Banking Expert by calling 1-888-810-4013 if you are unsure about when funds from a deposit will be available.
Substitute Checks and Your Rights
Federal rules for Check 21 allow banks to replace original checks with "substitute checks." Below are the details and your rights:
What is a substitute check?
To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.
Some or all of the checks that you receive back from us may be substitute checks. This notice describes rights you have when you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
What are my rights regarding substitute checks?
In certain cases, federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within 10 business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than 45 calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How do I make a claim for a refund?
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please call us at 1-888-810-4013. You must contact us within 40 calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
- A description of why you have suffered a loss (for example, you think the amount withdrawn was incorrect);
- An estimate of the amount of your loss;
- An explanation of why the substitute check you received is insufficient to confirm that you suffered a loss; and
- A copy of the substitute check and/or the following information to help us identify the substitute check: the account number, the check number, the name of the person to whom you wrote the check, the date paid, and the amount of the check.
Substitute checks should only be generated by banks during the check collection process. If you deposit a substitute check that was not generated or previously handled by Capital One Bank you agree to provide the substitute check warranties as required by Check 21, and represent that the substitute check:
- is properly generated and accurately, clearly and completely represents all the information on the front and back of the original check as of the time the original check was truncated
- bears a MICR encoded line that is suitable for automated processing in the same manner as the original check
- has not previously been paid by the drawee bank, and
- is not fraudulent
A breach of any Check 21 warranty may result in the substitute check being charged back against your account.
ELECTRONIC FUND TRANSFERS ("EFT")
For purposes of this EFT disclosure, "you," "your," and "yours" mean the authorized person or persons who conduct EFTs, including but not limited to persons to whom a Capital One Bank ATM or Debit Card is issued and anyone else you allow to use the ATM or Debit Card. The following types of electronic fund transfers available on your account include, but are not limited to:
- Withdrawals you make from your account at an automated teller machine (ATM).
- Transfers that you authorize in advance, such as transfers to and from your external account via Online Banking.
- Arrangements with a third party that result in deposit or withdrawal of funds, including the payment of bills such as insurance premiums or loan payments.
- Internal transfers between your Capital One Bank accounts.
- Telephone transfers.
- Point-of-sale transactions, whether or not initiated through an electronic terminal.
Online banking (See Online Banking Terms and Conditions at www.capitalone.com).
Your Access Device and Your Personal Identification Number. You may use your ATM/Debit Card at any of our ATMs. You may also use your ATM/Debit Card to complete transactions at ATMs that are owned and operated by entities that are members of electronic fund transfer networks in which we participate.
Purchases may also be made with your Debit Card at merchant locations which are members of the point-of-sale networks in which we participate. You may also use your Debit Card to make purchases at locations which accept Debit MasterCard Cards. (Note: Your ATM/Debit Card is not a MasterCard credit card, and this Agreement does not replace or affect any MasterCard Account Agreement that you may have with us or any other financial institution.)
You have selected or have been provided with a special personal identification number ("PIN") that you must enter into the ATM or may be required to enter into the point-of-sale terminal whenever you use your Debit Card.
For your protection, please memorize the PIN, and do not write your PIN on your ATM/Debit Card or write your PIN any other place where it may be found along with your ATM/Debit Card and do not disclose the PIN to anyone who is not authorized to use your ATM/Debit Card.
We may periodically close and delete any ATM/Debit Card that has not been used for over a 12-month time period.
Important Information Concerning International Use of Your ATM or Debit Card:
Capital One Bank employs fraud monitoring and protection capabilities to help protect you from ATM/Debit card fraud. These protection systems are designed to block transactions that occur outside of our customers' ordinary transaction patterns and may block transactions originating in countries that are experiencing a high incidence of card fraud. To avoid the inconvenience of having your ATM/Debit card blocked while you are traveling abroad, please notify us before any international travel or international purchases by calling 1-800-655-2265 from inside the United States or 972-916-4111 collect from outside the United States.
Types of Transactions That May Be Completed. You may complete the following types of transactions depending on the specific accounts that you have designated for access:
Cash Withdrawals. You can use your ATM/Debit Card and PIN at ATMs to obtain cash withdrawals from your designated accounts. Withdrawals made at ATMs owned and operated by other entities will be automatically deducted from your designated primary checking account.
Deposits. You cannot use your ATM/Debit Card and PIN to make deposits into your Capital One Bank online checking account.
Transfers Between Your Capital One Accounts. You may be able to use your ATM/Debit Card and PIN at ATMs to transfer collected funds between your designated accounts. Transfers made at ATMs owned and operated by other entities can only be made between your designated primary checking and savings accounts. You may also transfer funds between your Capital One Bank accounts via the telephone, Online Banking, or by establishing an automatic transfer schedule.
Purchases. You can use your Debit Card and PIN to make purchases at merchant locations which are members of the point-of-sale networks in which we participate.
At certain ATMs owned by Capital One Bank, you may also use your ATM/Debit Card and PIN to purchase non-monetary items (such as stamps and gift certificates). Purchases of this type may also be made at certain ATMs owned and operated by others which are members of electronic funds transfer networks in which we participate.
You may also use your Debit Card without your PIN to make purchases at merchant locations which accept Debit MasterCard Cards.
For all purchases made with your ATM/Debit Card, we will immediately place a hold on the corresponding funds in your primary designated checking account which you have designated. Funds held in connection with purchases will be debited from your account immediately or up to several days after the purchase transaction has occurred, depending upon the promptness with which the merchant processes your transaction.
Inquiries. You can use your ATM/Debit Card and PIN at ATMs to check the balance in this account. Balance inquiries made at ATMs owned and operated by other entities can only be made regarding your designated primary checking account.
Change PIN. You may use your ATM/Debit Card and PIN to change your current PIN at certain ATMs owned by us. You must know your current PIN in order to change your PIN. If you have forgotten your current PIN, you may contact us at 1-888-810-4013 to have your PIN re-established.
Transfers between your Capital One Bank account(s) and accounts at other financial institutions or third parties. You can authorize a third party to initiate transfers between your accounts and the third party's accounts by providing the third party with our routing number and account number. These transfers may also be authorized when a third party uses your check or the information from your check to create an electronic transaction. You should only provide your financial institution and account information (whether over the phone, the internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers.
Electronic Check Conversion. You may authorize a merchant or other payee to make a one-time electronic payment from your checking account using information from your check to: (i) pay for purchases, or (ii) pay bills.
When you provide a check as payment, you authorize us to use information from your check to make a one-time electronic funds transfer from your account. In certain circumstances, such as for technical or processing reasons, we may process your payment as a check transaction. When we use information from your check to make an electronic funds transfer, funds may be withdrawn from your account as soon as the same day you make your payment.
Limitations on Transactions. There are certain limitations on the use of electronic banking services. These include, but are not limited to, the following:
Designated Account. You may only access your designated accounts with Capital One Bank. Each time you use your ATM/Debit Card to conduct a withdrawal or purchase transaction, we have the right to place a hold on a corresponding amount of funds in your designated account until that transaction is posted against your account. When you use your Debit Card to obtain goods or services at a merchant location, we will place a three (3) business day hold on your account for the amount of the pre-authorization request sent by the merchant. These pre-authorization requests may be in amounts different from the total amount of the sales slip. (For example, a gas station usually requests authorization in the amount of $1.00. Also, restaurants usually authorize transactions for 20% more than the price of the meal.) If the pre-authorization request varies from the amount of the actual transaction, payment of the transaction may not remove the hold, which may remain on your account for three (3) business days. This hold may affect the availability of funds from your deposit account for other transactions. We will not be responsible for damages for wrongful dishonor if any item is not authorized because of the pre-authorization hold. You agree not to withdraw or write checks against funds that are needed to pay ATM/Debit Card transactions that have not yet posted against your account.
Online Banking External Funds Transfer Limitation. The below chart list the default limits established for Online Banking transfers into and out of your designated accounts. Different limits may be assigned on a case-by-case basis. These limits do not apply to internal transfers between Capital One Branch Bank and Capital One Bank accounts, bill pay transfers or pre-authorized third party payments.
|Capital One Bank Checking Accounts||Per Transfer Limit||Daily Limit||Monthly Limit|
|TOTAL TRANSFER LIMIT (COMBINED INBOUND AND OUTBOUND)||$20,000||$50,000|
Any transfer initiated on a day that is not a business day counts toward the applicable limit for the next business day. We may change your transfer limits at any time. Any decrease will be subject to notice, as required by law, but you agree that we may reduce your limits without prior notice upon occurrence of a Disqualifying Event (as defined in the Online Banking External Funds Transfer Agreement).
Daily Limitations on Transactions Using ATM/Debit Cards. A daily withdrawal limitation exists on all ATM/Debit Cards. This limitation combines two categories: cash withdrawals and point of sale purchases. You may not aggregate withdrawals during any one day (including either cash withdrawals, purchase withdrawals, or a combination of both) that exceeds the established card limit. There is no limit on the number of transactions that may be completed. Other entities may impose lower dollar limitations on the amount of cash withdrawals that may be obtained using your ATM/Debit Card and PIN at their ATMs. Please see the section titled "Daily Limitations on Transactions Using ATM/Debit Cards" referenced earlier in this Agreement for the limit amounts.
|Established card limit||Cash Limit||POS Limit|
Overdraft Situations. An Overdraft occurs when you do not have enough money in your designated account to cover a transaction, but we pay it anyway. Generally, we will not authorize and pay overdrafts for ATM withdrawals and everyday debit card transactions against your designated account. You understand and agree that you have no right to overdraw your account at any time, for any reason, and our decision to pay Overdraft items is solely within our discretion. You further agree that if we elect to pay Overdraft items, you must deposit additional funds into your designated account promptly in an amount sufficient to cover the Overdraft and to pay us Overdraft charges for each Overdraft item in accordance with your Account Agreement Supplement. Available funds in a linked deposit account may be used to fund ATM/Debit Card transactions when you do not have sufficient collected funds in your designated account(s). There is a fee associated with this transaction and it is described in the Account Agreement Supplement. If the amount of the overdraft plus applicable fees would cause you to exceed the amount of funds available in the deposit account linked to the overdrawn account, no transfer will be performed, and you agree to pay any overdraft amount, plus all associated fees and charges as stated in your Account Agreement Supplement.
ATM Interchange Transactions. You may use your ATM/Debit Card and PIN to complete transactions on your designated primary accounts with us at ATMs that are owned and operated by entities who are members of electronic fund transfer networks in which we participate. We will advise you of the names of these particular networks and what signs and logos to look for when attempting to complete ATM/Debit Card transactions at ATM locations not owned by Capital One, N.A.
Certain types of ATM/Debit Card transactions may not be completed at ATMs which are owned and operated by entities other than Capital One, N.A. Other entities may also impose different limitations and restrictions regarding use of their ATMs.
Other Reasons. We and other entities may limit or refuse to complete your ATM/Debit Card transactions for security or technical reasons.
Transactions That Are Not Completed. If you properly instruct us to perform an electronic banking service that we have agreed to provide, and we do not complete it on time or in the correct amount, we will be liable for your losses or damages. The "Limitations on Transactions" section provided above contains a list of transactions we will not complete. Moreover, we also will not be liable to you or to any other party if we have terminated this Agreement for any reason; if the funds in your designated accounts are subject to legal process or other encumbrance restricting the transaction; if circumstances beyond our control (such as fire or flood) prevent the transaction from being completed despite reasonable precautions that we have taken; if an ATM banking machine does not have enough cash to complete the transaction; if there is a technical malfunction in the ATM banking machine that is known to you when you try to perform the transaction; if we have reason to believe that you or someone else is using our electronic banking services for fraudulent or illegal purposes; if your ATM/Debit Card has deteriorated or has been damaged so that it does not function properly; or if your ATM/Debit Card or PIN has been reported lost or stolen. There may also be other exceptions as provided by applicable law.
You agree that we will not be liable for any damages resulting from a failure or refusal for any reason to authorize a transaction that you have attempted. You further agree that we will not be responsible or liable for a merchant's refusal to accept your ATM/Debit Card.
Charges for ATM/Debit Card Transactions: When you use your ATM/Debit Card at an ATM owned and operated by an entity other than Capital One, N.A., the ATM owner/operator may charge you a fee for your use of their ATM. The fee charged should be disclosed to you on the ATM and you should be given an opportunity to cancel the transaction before the fee is imposed.
You will not be charged a fee at most ATMs owned and operated by us, except at certain gaming establishments and other non-branch locations, where you may be charged a fee for each cash withdrawal. The amount of fees charged at such ATMs at non-branch locations varies. Any fee charged will be displayed on the ATM screen and you will be given an opportunity to cancel the transaction before the fee is imposed. Please refer to your Account Agreement Supplement for information on fees and charges.
For International transactions, MasterCard's currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by MasterCard for the processing cycle in which the transaction is processed, increased by an adjustment factor established from time to time by MasterCard. The currency conversion rate used for by MasterCard on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date.
Receipts and Account Statement. You will be given a receipt for transactions made with your ATM/Debit Card at ATMs owned by us unless you decline the receipt at certain ATM locations that give you the optional receipt choice. Your monthly account statement will also detail electronic transfer activity on the designated account.
In Case of Errors or Questions about Your Electronic Transfers.
Call us at: 1-888-810-4013
Write to us at:
Capital One Bank
P.O. Box 4199
Houston, TX 77210-4199
Attn: Customer Service Center
We must hear from you no later than sixty (60) days after we provided you the FIRST statement on which the problem or error appeared.
- Tell us your name and account number.
- Describe the error or transfer you are unsure about, and explain as clearly as you can why you believe it is an error, or why you need more information.
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send us your complaint or question in writing within ten (10) business days.
We will tell you the results of our investigation within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) (ninety (90) days for those transactions at merchant POS terminals, processing on a new account, or initiated outside the United States) to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account.
For errors involving new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error.
We will tell you the results within three (3) business days after we complete our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of documents that we used in our investigation.
Stopping Payment of Pre-authorized Transfers. If you have authorized regular payments out of your designated accounts with us, you can stop these transfers. Here's how:
Call us at: 1-888-810-4013
Write to us at:
Capital One Bank
P.O. Box 4199
Houston, TX 77210-4199
Attn: Customer Service Center
We must receive your request at least three (3) business days before the payment is scheduled to be made. Stop payment orders received via the telephone will remain in effect for six (6) months unless we are notified to remove the stop payment order. Your account will incur a service charge, as disclosed in your Account Agreement Supplement, for any initial or renewal stop payment orders.
If these regular payments vary in amount, the person you are paying must tell you ten (10) days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If you do not know this information, you may be unable to have the payment stopped without closing your account.
If the account requires multiple signatures to transact the withdrawal of funds, it is understood that we will recognize and accept stop payment instructions from any one authorized signer.
If we receive a valid stop payment order three (3) business days or more before the transfer is scheduled, and we fail to do so, we will be liable for your actual losses and damaged. We will pay other damages only as required by applicable law. We will not be liable for any consequential or special losses or damages unless we act in bad faith. In addition, we will not be liable if the merchant or other third party initiating the transaction changes the dollar amount of the transaction or makes changes so that we do not recognize it as the payment you stopped.
Merchants may allow returns or refunds on purchases; however, except as provided above for recurring payments, you cannot stop payment on any ATM/Debit Card transactions. For this reason, you should inquire about the merchant's return or refund policy before entering into a purchase transaction. Merchandise purchased by using your Debit Card that is subsequently returned will be reflected as a credit on your checking account statement provided you elect to have the return credited to your account.
Verifying Pre-authorized Deposits. If you have arranged to have direct deposits or any other pre-authorized deposits to be made to this account, call us at 1-888-810-4013 to find out whether or not the deposit has been received and completed.
Joint Accounts. If more than one person signed your request for electronic banking services, each person who signed will be bound to this disclosure. If two (2) signatures are required to transact business on a designated account any ONE (1) signer may initiate an electronic banking transaction on the account.
Liability for Unauthorized Transfers. You will be liable for unauthorized electronic transactions to your designated accounts to the extent allowed by applicable federal and state law.
Tell us AT ONCE if you believe your ATM/Debit Card has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your designated deposit accounts. However, if you tell us within two (2) business days after you learn of the loss or theft you can lose no more than $50 if someone used your ATM/Debit Card without your permission.
If you DO NOT tell us within two (2) business days after you learn of the loss or the theft of your ATM/Debit Card, and we can prove we could have stopped someone from using your ATM/Debit Card without your permission if you had told us, you could lose as much as $500.00.
If you think that a transfer or withdrawal shown on your periodic statement is incorrect, or if you believe an unauthorized transfer or withdrawal has taken place, including those made by your ATM/Debit Card, code or other means, contact us at once. We must be notified within sixty (60) days after the first statement we mailed to you on which the suspected problem appeared. If you do not contact us within this sixty (60) day time period, you could be held responsible for all unauthorized transfers and withdrawals that occurred between the end of the sixty (60) day period and the time you actually notified us if the transaction could have been prevented if we had been notified. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
If you believe that your ATM/Debit Card has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, you may also:
Call us at: 1-888-810-4013
Write to us at:
Capital One Bank
P.O. Box 4199
Houston, TX 77210-4199
Attn: Customer Service Center
MasterCard Zero Liability. Provided that the PIN is not used as the cardholder verification method, you will have limited liability for unauthorized use of the Platinum Debit Cards under the following circumstances:
- Your account is in good standing;
- You have exercised reasonable care in safeguarding your Platinum Debit Card from unauthorized use. Unauthorized use means that you did not provide directly, by implication or otherwise, the right to use your card and you received no benefit from the unauthorized purchase; and
- You have not reported two or more unauthorized events in the past twelve (12) months.
If you have questions regarding zero liability coverage or you suspect unauthorized use of your ATM/Debit card, contact us IMMEDIATELY.
Changing the Electronic Funds Transfer Terms. We have the right to change the terms of this EFT disclosure from time to time, including the Electronic Funds Transfer sections. We will notify you at least twenty-one (21) days before the change will take effect if the change will cause you greater costs or liability or if it will limit your access to your designated accounts. We will not have to notify you in advance, however, if the change is necessary for security reasons.