Capital One Subpoena Policy

Service of Subpoenas by Mail, Fax, or Email
All Capital One entities require that service of process be made in full compliance with applicable law.  Capital One entities do not as a practice accept service of process by any means not specifically authorized by applicable law, including email, facsimile, or mail.  However, if service by mail of your subpoena is permitted by applicable law, please send your subpoena to the appropriate Capital One entity at the following address:

Attn: 12070-7000 (Subpoena Dept.)
15000 Capital One Drive
Richmond, VA 23238-1119


Please note that this address is to be used for subpoenas only, when service by mail is permitted by applicable law.  In addition, please do not send subpoenas to any fax number, Post Office box address, email address, or other mail address, even if a Capital One entity previously requested that subpoenas be sent to such number or address.

Customer Privacy
We are committed to protecting the privacy of our customers. Our Privacy Policy, the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401 et seq.), and other relevant state and federal privacy laws prohibit the release of customer or account information without express permission from the customer except when required by law or to comply with legal process that is properly served upon us.

Capital One Operating Entities
The operating subsidiaries of Capital One Financial Corp. (“Capital One”) are separate and distinct legal entities, and all subpoenas must be issued and served separately upon the correct legal entity in full compliance with applicable law in order to permit that entity to provide a response.

In addition, because Capital One does not have a designated custodian of records, a subpoena must be directed to the Capital One entity that maintains the requested records.  The primary Capital One operating entities from which records are customarily requested are Capital One Bank (USA), N.A., Capital One, N.A., and Capital One Auto Finance.  Capital One Bank (USA), N.A. offers credit and debit card products, other lending products and deposit products.  Capital One, N.A. offers a broad spectrum of banking products and financial services to consumers, small businesses and commercial clients, including traditional banking and credit card products.  Lastly, Capital One Auto Finance, a division of Capital One, N.A., offers automobile financing products.

Reasonable Period of Time for a Response
All Capital One entities exercise reasonable efforts to respond in a timely manner to subpoenas that are validly issued and served in full compliance with applicable law but such responses can take approximately 30-45 days or more from receipt to complete depending on the complexity of your request.  Please ensure that the scope of your subpoena is limited to only those records necessary for your legal matter and that the subpoena identifies the account holder and account number or account holder social security number to allow us to more quickly provide a response.

Fees for Compliance
We reserve the right to charge reasonable copying costs and administrative fees prior to the production of documents in response to any subpoena. Alternatively, we may issue an invoice to you.  Except as otherwise permitted by law, Capital One’s subpoena compliance fees are as follows:

Research Costs — $22.00/hour (or $7.50 per quarter hour)

Per Page Copying Costs — $0.25 per page (black and white)

Foreign State Subpoenas
For any subpoena issued from a state court in a state in which the Capital One entity or witness to which the subpoena is directed does not reside, please ensure that this subpoena is issued and served in accordance with the applicable interstate compacts of the applicable states that may permit the domestication of a foreign state subpoena. Alternatively, Capital One will accept a signed authorization from the customer, stating what records are to be provided.

Questions, Status Updates, and Other Inquiries 
To inquire as to the status of a previously-issued subpoena, or for additional information regarding subpoenas for documents and/or witnesses, please email us at subpoena@capitalone.com.  This email box is the sole point of contact for this purpose and enables us to provide you with the most timely and accurate response to your inquiry.