Nope, not against one of its consumers. That is not uncommon. Actually, when Capital One sues a consumer, they are not that bad to deal with.
In this case, however, Capital One filed suit in federal court in San Francisco attempting to block California’s Attorney General from getting its records. In 2006 and 2007, the Attorney General asked for certain records. Capital One did not provide them. In March, Capital One converted its charter from a Virginia state charter to a federal charter. It now argues that it does not have to respond to a state’s request.
This is fascinating. Of course, the first response is that if they had nothing to hide, why not turn over the records? Furthermore, they cannot avoid responsibility by a subsequent change. Imagine if you broke a law in California and then claimed Canadian citizenship after the fact. The subsequent change does not prevent you from being charged with breaking California law. The same thing applies here.
I will keep you updated on Capital One’s posturing on this.