Capital One files trademark lawsuit to stop large-scale fraud

capital one filed a lawsuit on Tuesday against the operator of an alleged “fraudulent campaign,” accusing it of trademark infringement.

The lawsuit, filed in the U.S. District Court for the Eastern District of Virginia, names 10 “unidentified individuals and/or entities” as defendants. The complaint alleges that these John Dawes are running large-scale robocall and telemarketing campaigns that exploit the trademarks of Capital One or its subsidiary Discover.

The complaint alleges that the defendants follow a familiar script of using automated or prerecorded calls posing as bank representatives, alerting recipients of suspicious charges, and asking recipients to confirm their transactions or identity.

“Defendants used illegal communications referencing the CAPITAL ONE and DISCOVER trademarks to mislead and deceive consumers and target consumers nationwide,” according to the complaint.

Capital One told CNBC that it is leveraging trademark and false advertising laws to make its case because the legal process of discovery gives banks the opportunity to obtain more information to help track down fraudsters.

“This case is an opportunity to try a little offense,” said Chad Miller, vice president of fraud strategy and analysis at Capital One. He said new technology has made it easier for companies to see how many scammers are trying to call their customers and how many are doing it themselves.

The lawsuit comes amid a surge in reports of identity fraud. This is a broad category of scams in which fraudsters pose as trusted individuals, such as family members or representatives of banks or government agencies, in order to access victims’ accounts or collect personal data.

According to 2025 data from the U.S. Federal Trade Commission, scammer scams were the most common type of fraud complaints received last year, with more than 1 million reported cases. Losses exceeded $3.5 billion, with a median consumer loss of $700.

Experts say the Capital One lawsuit follows a path paved by technology companies including: microsoft, google, Amazonand metawhich uses private litigation to go after global bad guys. Traditionally, that has been the purview of regulators and law enforcement. Experts say private litigation adds another layer to dealing with increasingly complex issues.

Capital One’s lawsuit seeks damages, but the bank said its main goal is to expose and stop bad actors and the companies that enable them. “This is one of the ways we’re going to pursue the destruction of their infrastructure and ecosystem,” Miller said.

“The Global Anti-Scam Alliance encourages more companies to go on the offensive against scammers with private litigation and to cooperate with each other, government agencies, and law enforcement,” said Nils Müller, director of GASA’s North American branch. Capital One is a member of the Alliance.

“There is ample scope for legal action to go after the bad actors through civil litigation to disrupt these networks,” Mueller said. “Stop waiting for someone else to solve your problem.”

“Success means naming, shaming and punishing the perpetrators who do this and exploit our systems, loopholes and gray areas to exploit and steal money from hardworking Americans and people around the world,” he said.

Consumers need to be cautious. In the 2025 GASA survey, 70% of U.S. adults said they had encountered a scam in the past year, and 29% said such experiences were common. The group surveyed 2,500 U.S. adults.

Experts advise understanding the types of scams that are out there and talking about them with your friends and family. “The more aware people are, the more resilient they will be,” Moller said.

The FTC recommends using call blocking and call labeling options through your mobile carrier or app to intercept some scam calls and better identify suspicious calls. The agency said it will use its email provider’s tools to prevent further fraudulent messages from being received.

Be suspicious and check communications before taking action, Miller says. For example, if you receive an unsolicited call from someone claiming to be a bank representative, hang up and call the number on the back of your debit card, he says.

“What you do is flip that around and actually reach out to someone you know is affiliated with the agency so they can verify what they’re trying to get you to do,” Miller said.

—CNBC’s Sharon Epperson contributed reporting.

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