HOW TO SERVE LEGAL PAPERS ON CAPITAL ONE BANK

Capitol One

By: Akanksha A. Panicker

Any of the major banks in the United States have a long tradition and have survived from their inception over a century ago. Wells Fargo and Citigroup were formed in 1852 and 1812, respectively. The history of JPMorgan Chase can be traced back to 1799. The youngest member of the quartet, Bank of America, was formed in 1904. Knowing all of this, it is surprising that  Capital One evolved to be large enough to compete with the industry’s existing goliaths.

Capital One Financial Corporation is an American bank holding firm based in McLean, Virginia, that engages in credit cards, vehicle loans, insurance, and investment or saving accounts. Its core functions are in the United States and are among the largest banks in the United States, having found success as a technology-focused institution.

[1.0] WHAT DOES CAPITAL ONE DO

Capital One operates three divisions with varying revenue collection capacities. 

  1. Credit cards – Capital One is the third biggest credit card issuer in the United States, Canada, and the United Kingdom, behind JPMorgan Chase and Citigroup.  Capital One has over a hundred billion dollars in credit card loans outstanding in the United States, with a sizable outstanding credit card loans outstanding in Canada and the United Kingdom. In fact, credit cards accounting for almost half the overall outstanding loans. The bank was established solely as a credit card corporation in Richmond, Virginia, in 1994. Capital One extended to cover loans, and discount lending and retail were introduced to the mix in 2005. Capital One has purchased several other financial institutions over the span of its existence to expand its reach and maintain its position among the top-ranked banks in the United States, including Hibernia National Bank, North Fork, Netspend, and Chevy Chase Bank.  Capital One is one of the largest credit card companies, issuing cards to consumers in Canada, the United Kingdom, and the United States. The company has Visas and Mastercard options—many of which are rewards cards.
  2. Capital One offers banking services, including checking accounts, saving accounts, and money market accounts via its branches and direct bank and retail and auto loans. 
  3. Commercial banking – Capital One also secured loans by commercial, multifamily, and industrial properties. Commercial banking exists to serve commercial clients with banking, lending, real estate, and investment services.

[2.0] SERVICE OF PROCESS ON THE REGISTERED AGENT

While the Secretary of State may be designated as an agent, any domestic corporation or authorized foreign corporation is entitled to appoint a registered agent in the state upon whom process against such corporation may be served. The agent must be a natural person who resides in the state. If the agent is a corporation, they should be authorized to do business in the state. 

For Capital One, the registered agent is Corporate Service Company or CSC.  CSC is a company that operates in a range of sectors. It is headquartered in Wilmington, Delaware, but still has offices in the U.S., Canada, Europe, and the Asia-Pacific region. In 2017, CSC opened its current headquarters in Wilmington, Delaware, and rebranded from “Corporation Service Company” to “CSC.” Amongst other notable companies, CSC is the registered agent for Apple Inc. 

Any such designation of a registered agent may be made, revoked, or changed, and a registered agent may resign as such agent.  If the Department of State receives a Certificate of Resignation, the agent is terminated from their employ within thirty days. A certificate designating a new registered agent may be delivered to the department of state by the corporation within thirty days or thereafter.

[3.0] HOW TO SERVE A SUBPOENA ON CAPITAL ONE 

Subpoenas are formal instructions provided by a judge or regulatory body compelling an entity to appear in a trial or supply vital evidence in one. As a result, they are time-dependent. Lawyers must collect facts and depositions as soon as possible to organize their cases to meet their court date. Subpoenas to Capital One financial institutions can be sent to one of the many different Capital One entities. Consequently, it is imperative to address the subpoena right for it to be recognized. 

Physical service of subpoenas should be done at a specific location. The entity name must be entered correctly. Otherwise, service cannot be completed appropriately. 

Capital One entities do not, as a practice, accept service of process by any means not specifically authorized by applicable law. This includes email, facsimile, or mail. However, with COVID-19, service by mail and email is has become more acceptable. Mail service is required to be rendered to a specific address intended only for service by mail.   Capital One has since become accustomed to service via email with a designated email address for subpoena .inquiries

Service by fax is not acceptable at any Capital One entity. However, about requests that involve the turnover of funds, such as a levy or garnishment to collect on a judgment, faxing of the request is necessary for processing by the Levies and Garnishments department.

Capital One can be a difficult entity to serve, with its restrictions on service methods and the difficulty in identifying which entity to serve. However, with the COVID-19 restrictions being in place, Capital One has lifted its restrictions to email-based services. Additionally, if their subpoena email address is reluctant in accepting service, it is still possible to reach them at a different email address. The email box has developed a routine of being monitored daily, with timely responses to inquiries being guaranteed within two business days. 

[3.2] CAPITAL ONE SUBPOENA QUERIES

To clarify any issues, it is recommended that any individual wishing to serve any Capital One entity can call their allotted and toll-free number to be connected with their legal or subpoena compliance department.  However, on the other hand, Capital One customer service channels are currently not prepared to handle questions regarding subpoenas or legal inquiries.

It is important to note that there is no such legal entity as Capital One. It’s a federally registered trademark that they use in their advertising, but any document addressed to “Capital One” will almost certainly be rejected. In fact, there are currently almost thirteen confirmed Capital One entities, and incorrect naming could render the service of process to be returned with a statement as to the named entity not being [A.] a party to the transaction or [B.] not a custodian of records for the information requested.

There are two locations where Capital One (regardless of which entity) can definitely be served. One is at their corporate office in McLean, VA and the other is through their registered agent, Corporation Service Company in Richmond, VA.

[3.3] CURRENT RULES AND  SUBPOENA POLICY

Every Capital One body demands that the process be served by relevant legislation. Capital One entities, in principle, do not acknowledge service of process through any means other than those expressly allowed.  An email has recently been recognized, although fax remains forbidden for service of process purposes. 

Subpoenas can also be directed to the registered Capital One agent for process, CSC, in states where Capital One is registered, including Texas, Florida, and Maryland.

The reason why Capital One is a lot more difficult to serve process on is that it does not have a designated custodian of records. Consequently, the subpoena must be directed to the Capital One entity that maintains the requested records. All subpoenas must be routed and served independently upon the appropriate legal entity in wholehearted compliance with applicable law to elicit a response.

All these Capital One entities make fair attempts to reply to validly provided and delivered subpoenas by relevant legislation. Still, such responses will take up to thirty days upon receipt to address.  Based on the scope of the application, it could even go up to forty-five days. It is necessary to restrict the breadth of the request for only those certain documents required by the legal issue at hand. Additionally, any issuing party must ensure that the subpoena specifically lists uniquely identifiable details such as an account number or social security number for speedier review. Subpoenas may therefore indicate which documents and/or data are being obtained. Any subpoenas issued with broad demands (e.g., ‘any) can yield restricted responses. 

Capital One can also charge fees for subpoena compliance, allowing for the recompense of reasonable copying costs and administrative fees before producing documents in response to any subpoena. The questioned entity may even issue an invoice to the individual.

It must be noted that for protection of consumer privacy, Capital Once cannot under statute release customer account information without the customer expressly consenting to the same. However, notable exceptions are [A.] when required by law or [B.] to comply with the legal process properly served upon Capital One. 

Capital One is the second largest auto financing firm in the United States, behind Ally Financial, with a current market share of around five percent. The company’s three divisions – credit cards, consumer banking, and commercial banking- amass substantial revenue and make Capital One a major player in the banking industry. Credit cards rake in most of the company’s revenue, with consumer banking and commercial banking making up only a small portion of their revenue percentages.   

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Sources

1. The bank has 755 branches, including 30 café style locations and 2,000 ATMs. It is ranked 97th on the Fortune 500,  17th on Fortune’s 100 Best Companies to Work For list, and conducts business in the United States, Canada, and the United Kingdom. The company helped pioneer the mass marketing of credit cards in the 1990s. 2016, it was the 5th largest credit card issuer by purchase volume, after American Express, JPMorgan Chase, Bank of America, and Citigroup

2. N.Y. Bus. Corp. Law § 306

Service of process on the secretary of state as an agent of a domestic or authorized foreign corporation shall be made by personally delivering to and leaving with the secretary of state or a deputy, or with any person authorized by the secretary of state to receive such service, at the office of the department of state in the city of Albany, duplicate copies of such process together with the statutory fee, which fee shall be a taxable disbursement. Service of process on such corporation shall be complete when the secretary of state is so served. The secretary of state shall promptly send one of such copies by certified mail, return receipt requested, to such corporation, at the post office address, on file in the department of state, specified for the purpose. If a domestic or authorized foreign corporation has no such address on file in the department of state, the secretary of state shall so mail such copy, in the case of a domestic corporation, in care of any director named in its certificate of incorporation at the director’s address stated therein or, in the case of an authorized foreign corporation, to such corporation at the address of its office within this state on file in the department.

3. CSC was founded on 1 January 1899. WMB Holdings is the parent company of “CSC.”

4. N.Y. Bus. Corp. Law § 305

A certificate, entitled ‘Certificate of the resignation of the registered agent of ………. (name of designating corporation) under section 305 of the Business Corporation Law’, shall be signed by him and delivered to the department of state. It shall set forth:

(1) That he resigns as a registered agent for the designating corporation.

(2) The date the certificate of incorporation or the application for the designating corporation’s authority was filed by the department of state.

(3) That he has sent a copy of the certificate of resignation by registered mail to the designating corporation at the post office address on file in the department of state specified for the mailing of process or if such address is the address of the registered agent, then to the office of the designating corporation in the jurisdiction of its formation or incorporation.

5. There are several Capital One entities, including:

  1. Capital One Bank (USA) N.A. — Currently offers a wide variety of credit card products, other lending products, and deposit products.
  2. Capital One, N.A. — Offers a broad spectrum of banking products and financial services to consumers, small businesses, and commercial clients, including traditional banking products through an extensive branch network in Connecticut, the District of Columbia, Louisiana, Maryland, New Jersey, New York, Texas, and Virginia.
  3. Capital One Auto Finance, Inc. — Offers automobile financing products.
  4. Capital One, N.A., Member FDIC
  5. Capital One, National Association
  6. Capital One Bank
  7. Capital One Bank, N.A.
  8. Capital One Bank, National Association
  9. Capital One Bank (USA)
  10. Capital One Financial Corporation
  11. Capital One Home Loans LLC
  12. Capital One Services, LLC
  13. Capital One Settlement Services, LLC

6.  [Correct Capital One Entity Name]

c/o Corporation Service Company

1111 E. Main St., Suite 1600

Richmond, VA 23218

7. Attn: 12070-7000
[CORRECT CAPITAL ONE ENTITY]
15000 Capital One Drive
Richmond, VA 23238-1119

8. Send all inquiries to subpoena@capitalone.com; Phone: 1-804-284-2424

9. Faxing must be done to 1-888-203-2114

10. Any individual may  try to reach them at this email address: webinfo@capitalone.com

11. However, if service by mail of the subpoena is permitted by applicable law, the subpoena is entirely acceptable if directed to the appropriate Capital One entity and sent to the following address:

Attn: 12070-7000 (Subpoena Dept.)

15000 Capital One Drive

Richmond, VA 23238-1119

12. The primary Capital One operating entities from which customer records are typically requested are:

Capital One Bank (USA), N.A. — offers a wide variety of credit card products and a limited number of 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 products through an extensive branch network as well as a selection of online banking products through Capital One 360.
Capital One Auto Finance — offers automobile financing and related products.

13. Except as otherwise permitted by law, Capital One’s subpoena compliance fees are as follows:

Research Costs — USD22.00/hour

Per Page Copying Costs — USD0.25 per page

Cost of CD (if the paper is not produced) — $5.00/CD

14. Privacy laws stem from Capital One’s 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

15. In the fourth quarter of 2018, 75% of the company’s revenues were from credit cards, 14% were from consumer banking, and 11% were from commercial banking.  

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