Figueroa

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 JACOB FIGUEROA and MARY Case No.: 18cv692 JM(BGS) JACKSON, on behalf of themselves and 11 all other similarly situated, ORDER ON PLAINTIFFS’ UNOPPOSED MOTION FOR Plaintiffs,

PRELIMINARY APPROVAL OF

13 v. CLASS ACTION SETTLEMENT

CAPITAL ONE, N.A.,

15 Defendant. 16 Presently before the court is Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement. A telephonic hearing on the motion was held on June 8, 2020. For the reasons set forth on the record and as explained in more detail below, the motion is GRANTED. I. Background This dispute centers around the fees Defendant Capital One, N.A., (“Capital One”), charges its customers for using Out-of-Network (“OON”) automatic teller machines (“ATMs”). When a Capital One accountholder withdraws funds from an OON ATM they are typically assessed a $2 or $3 fee by the ATM owner along with a $2 charge by Capital One. Capital One also…