Capital One has filed a lawsuit against unidentified individuals and entities, accusing them of trademark infringement through fraudulent schemes.
The bank initiated the legal action on Tuesday, citing trademark law violations. According to the Global Anti-Scam Alliance, approximately 70% of Americans encountered some form of scam in the past year.
Capital One's lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, names 10 anonymous defendants. The complaint alleges these parties orchestrated large-scale robocall and telemarketing scams by impersonating Capital One and its subsidiary, Discover Financial Services.
The defendants are accused of using automated or prerecorded calls to pose as bank representatives, employing a common script: falsely claiming suspicious account activity to trick victims into confirming transaction details or personal information.
"Defendants have used illegal communications falsely bearing the trademarks of Capital One and Discover to mislead and deceive consumers across the United States, specifically targeting the general public with scams," the complaint states.
Capital One told CNBC that the lawsuit, based on trademark and false advertising laws, could help uncover more clues and identify the scammers through legal discovery processes.
Chad Miller, Vice President of Fraud Strategy and Analytics at Capital One, said, "This lawsuit is an attempt for us to be proactive and take the initiative."
He noted that with new technologies, companies can now quantify the scale of scam attempts against customers, comparing them to legitimate outreach efforts to gauge the prevalence of fraud.
The lawsuit comes amid a surge in impersonation scams, a broader category of fraud where scammers pose as family, friends, banks, or government agencies to steal account information and personal data.
U.S. Federal Trade Commission data from 2025 shows impersonation scams topped the list of fraud complaints, with over 1 million reports. Losses exceeded $3.5 billion, with a median loss of $700 per incident.
Industry experts say Capital One's move follows strategies used by tech giants like Microsoft, Google, Amazon, and Meta: pursuing private civil actions against global cybercriminals, rather than relying solely on regulators and law enforcement. Traditionally, combating scams has been the domain of authorities, but corporate lawsuits add another layer of defense against increasingly complex online fraud.
While Capital One is seeking damages, the bank stated its primary goal is to expose and deter the scammers and any entities providing them technical support. Miller said, "We hope this approach will help disrupt and dismantle the infrastructure and ecosystem supporting these criminal operations."
Niels Mueller, Head of North America for the Global Anti-Scam Alliance, said the alliance is urging more companies to take proactive legal action, using private lawsuits to combat scam networks while enhancing collaboration between businesses, government agencies, and law enforcement. Capital One is a member of the alliance.
Mueller stated, "There is significant potential for civil litigation to legally dismantle these illicit networks, rather than waiting for others to solve the problem. True success lies in exposing, condemning, and holding these criminals accountable—those who exploit systemic gaps and gray areas to defraud ordinary people and steal funds globally."
A 2025 survey by the Global Anti-Scam Alliance found that among 2,500 U.S. adults polled, 70% had encountered a scam in the past year, and 29% reported receiving scam attempts almost daily. Experts advise staying informed about common scam types and discussing them with family and friends, as greater public awareness reduces vulnerability.
The FTC recommends enabling call-blocking and number-labeling features through carriers or mobile apps to filter suspicious calls, and using email protection tools to block spam. Miller advises remaining cautious with unsolicited calls or messages: always verify before acting. For instance, if you receive a call claiming to be from your bank, hang up and call the official customer service number on the back of your card. "Initiate contact through official channels to speak with legitimate representatives and verify any requests, rather than following instructions from an unknown caller."
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