What is the Capital One deceased credit reporting settlement?

A $2.4 million class action settlement resolving claims that Capital One violated the Fair Credit Reporting Act (FCRA) by reporting credit card holders as deceased to the credit reporting agencies and then failing to investigate or correct the error when customers disputed it. The case is Craig Kromrey et al. v. Capital One, N.A., No. 3:24cv575, in the U.S. District Court for the Eastern District of Virginia.

Do I need to file a claim for the Capital One settlement?

No. Payments are automatic. If you are a class member, you will receive a cash payment without filing a claim form or doing anything at all. Capital One's records were used to identify class members, and if you received the settlement notice, you've already been identified.

Who qualifies for the Capital One deceased reporting settlement?

You qualify if all three of these are true: (1) Capital One reported you as deceased to the credit reporting agencies based on your credit card account, (2) one or more disputes were filed with the credit bureaus about the incorrect deceased reporting between August 13, 2019 and December 3, 2025, and (3) Capital One did not correct the deceased reporting in response to one or more of those disputes.

How much will I get from the Capital One settlement?

The total settlement fund is $2.4 million. Your individual payment depends on the number of class members. The fund will be divided among all class members after deducting attorneys' fees (up to $800,000), service awards (up to $10,000 each for two class representatives), and administrative costs. The settlement covers statutory damages under the FCRA, not actual damages — you retain the right to pursue actual damages separately.

What did Capital One do wrong?

The lawsuit alleges that Capital One reported certain credit card holders as deceased to the credit reporting agencies (Equifax, Experian, TransUnion). When those customers disputed the error through the credit bureaus, Capital One allegedly failed to investigate the disputes or correct the deceased reporting. Being falsely reported as deceased can freeze your credit, prevent you from getting loans, credit cards, or mortgages, and cause significant financial disruption. Capital One denies all allegations.

Does this settlement cover my actual damages from being reported deceased?

No. This settlement only covers statutory damages under the FCRA — a fixed payment from the settlement fund. You are NOT giving up your right to sue Capital One for actual damages you may have suffered (like denied loans, lost opportunities, emotional distress). There is a statute of limitations: five years from the violation or two years from when you discovered it, whichever is earlier. Contact Class Counsel or your own attorney if you believe you have actual damages.

Can I still sue the credit bureaus?

Yes. This settlement only releases claims against Capital One. You are not giving up any claims you may have against the credit reporting agencies (Equifax, Experian, TransUnion) themselves. If you believe a credit bureau mishandled your dispute or failed to correct your report, you may have separate claims.

When is the Capital One settlement final approval hearing?

The final approval hearing is scheduled for March 20, 2026 before Judge Robert E. Payne in the U.S. District Court for the Eastern District of Virginia in Richmond, Virginia.

What if I want to opt out of the Capital One settlement?

If you want to opt out, you must mail a written Request for Exclusion postmarked by February 18, 2026. If you opt out, you will not receive any payment but you preserve the right to sue Capital One on your own. If you do not opt out, you will receive the automatic payment but will release your statutory damages claims against Capital One (you keep your actual damages claims).

What does it mean to be reported as deceased on my credit report?

When a lender like Capital One reports you as deceased to the credit bureaus, it essentially freezes your credit identity. Credit bureaus flag your file as belonging to a deceased person, which can block you from applying for or being approved for new credit cards, loans, mortgages, apartment leases, and even some jobs that require credit checks. It can take months of disputes and paperwork to fix, and during that time your financial life is effectively on hold.

Capital One Reported You Dead? $2.4M Settlement Pays Automatically

By Steve Levine

Capital One Deceased Credit Reporting Class Action Settlement

Published: February 14, 2026

Payments: Automatic — No Claim Form Needed

Settlement Fund: $2,400,000

Who Qualifies: Capital One credit card holders reported as deceased to the credit bureaus whose disputes were not corrected (Aug 2019 – Dec 2025)

If Capital One told the credit bureaus you were dead — and you're very much alive — you're getting money from this settlement. And you don't have to do a thing to get it.

A $2.4 million class action settlement has been reached with Capital One over allegations that the bank reported certain credit card holders as deceased to the credit reporting agencies, and then when those customers disputed the error, Capital One failed to investigate or fix it. Payments are completely automatic — no claim form, no paperwork, no action required on your part.

What Happened?

Here's the situation in plain terms: Capital One sent information to the credit bureaus (Equifax, Experian, TransUnion) saying certain credit card holders were deceased. The problem is, those people weren't dead. They were alive, going about their lives, and likely had no idea this was happening until they tried to apply for credit and got denied — or checked their credit report and saw a deceased flag on their file.

When these customers found out and filed disputes through the credit bureaus (which is how you're supposed to fix errors on your credit report), Capital One allegedly didn't investigate the disputes or correct the deceased reporting. The lawsuit says this violated the Fair Credit Reporting Act (FCRA), which requires companies to investigate disputes and fix errors.

Capital One denies all of these allegations and denies any wrongdoing. The court has not decided who is right. The two sides agreed to settle.

What Does It Mean to Be Reported as Deceased?

This is one of the most damaging errors that can appear on a credit report. When a lender reports you as deceased, the credit bureaus flag your entire credit file as belonging to a dead person. The effect is immediate and devastating:

You can't get approved for new credit cards. You can't get a car loan. You can't refinance your mortgage or take out a new one. You may be denied an apartment lease. Some employers who run credit checks may not hire you. Your existing accounts may be frozen or closed. Essentially, your financial identity stops working.

Fixing it typically requires weeks or months of phone calls, written disputes, and documentation — proving to credit bureaus and lenders that you are, in fact, alive. For the people in this case, Capital One allegedly made it worse by not correcting the error even after they disputed it through the proper channels.

Who Qualifies?

You qualify if all three of these things are true:

• Capital One reported you as deceased to the credit bureaus based on your credit card account.
• One or more disputes about the deceased reporting were submitted to the credit bureaus between August 13, 2019 and December 3, 2025.
• Capital One did not correct the deceased reporting in response to at least one of those disputes.

If you received a settlement notice, you've already been identified as a class member based on Capital One's records.

What Do You Get?

Cash. The total settlement fund is $2,400,000. Your individual payment depends on how many people are in the class — the fund is divided equally among all class members after deducting attorneys' fees, service awards, and administrative costs.

The best part: payments are automatic. You don't need to file a claim form, submit any paperwork, or take any action. If you're a class member and don't opt out, you'll receive a check.

What This Settlement Does NOT Cover

This is important to understand: the settlement only covers statutory damages under the FCRA. Statutory damages are a fixed amount set by law — they're compensation for the violation itself, not for any specific harm you suffered.

If being falsely reported as deceased actually cost you something — a denied mortgage, a lost job, emotional distress, fees you had to pay — those are called actual damages, and this settlement does not cover them. You are specifically not giving up your right to pursue actual damages claims against Capital One. That's unusual in class action settlements and worth paying attention to.

There is a statute of limitations on actual damages claims: five years from the violation or two years from when you discovered it, whichever comes first. If you think you have actual damages, contact Class Counsel or your own attorney.

You also keep all claims you may have against the credit bureaus themselves. This settlement only releases claims against Capital One.

Important Dates

• Dispute Period: August 13, 2019 – December 3, 2025
• Opt-Out Deadline: February 18, 2026
• Objection Deadline: February 18, 2026
• Final Approval Hearing: March 20, 2026 — U.S. District Court, Eastern District of Virginia, Richmond, VA

Attorneys' Fees

Class Counsel will request $800,000 in attorneys' fees and expenses. Service awards of up to $10,000 each are being requested for the two class representatives, Craig Kromrey and Gregory Miller. These amounts are paid separately from the settlement fund — they will not reduce the amount you receive.

What Happens If I Do Nothing?

You get paid automatically. Unlike most class action settlements, doing nothing here is actually the right move. If you're a class member and you don't opt out, you'll receive a cash payment when the settlement is finalized. You will also release your statutory damages claims against Capital One, but you keep your actual damages claims and any claims against the credit bureaus.

How Do I Find Class Action Settlements?

Find all the latest class actions you can qualify for by getting notified of new lawsuits as soon as they are open to claims:

Case Information

The case is Craig Kromrey et al. v. Capital One, N.A., Case No. 3:24cv575, in the United States District Court for the Eastern District of Virginia, before Judge Robert E. Payne.

Plaintiffs: Craig Kromrey and Gregory Miller.

Class Counsel: Kristi Kelly, Andrew Guzzo, Casey Nash, Pat McNichol, and Matt Rosendahl of Kelly Guzzo, PLC (Fairfax, VA); E. Michelle Drake and Joseph Hashmall of Berger Montague PC (Minneapolis, MN).

Settlement Administrator: PO Box 23698, Jacksonville, FL 32241-3698.

Residual Funds: Any remaining funds will go to Central Virginia Legal Aid Society.

Settlement Website: creditreportingsettlement.com

Settlement Notice

Sources

• Class Action Settlement Notice, Craig Kromrey et al. v. Capital One, N.A., Case No. 3:24cv575 (E.D. Va.)
• Settlement Website: creditreportingsettlement.com

Filing Class Action Settlement Claims

No claim form is required for this settlement — payments are automatic. If you received a settlement notice, you've been identified as a class member. If you have questions about whether you qualify, contact Class Counsel or the Settlement Administrator. OpenClassActions.com is a consumer news site and is not the settlement administrator or a law firm.

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Class Action Summary
Status	Pending Final Approval — Automatic Payments
Claim Form	Not Required — Payments Are Automatic
Settlement Fund	$2,400,000
Category	FCRA / Credit Reporting Error / Deceased Flag
Defendant	Capital One, N.A.
Allegation	Reported cardholders as deceased to credit bureaus and failed to correct it when disputed
Dispute Period	August 13, 2019 – December 3, 2025
Case Number	3:24cv575
Court	U.S. District Court, Eastern District of Virginia
Judge	Robert E. Payne
Opt-Out Deadline	February 18, 2026
Objection Deadline	February 18, 2026
Final Approval Hearing	March 20, 2026 — Richmond, VA
Attorneys' Fees	$800,000 (paid separately from settlement fund)
Residual Funds	Central Virginia Legal Aid Society
Settlement Website	Credit Reporting Settlement