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JPMorgan and Capital One Choose Litigation Over Debanking Settlements

JPMorgan Chase and Capital One are litigating lawsuits over 2021 account closures to avoid a wave of follow-on debanking litigation.

By Muhamed Porić

September 25, 2026 at 12:50 PM

Photo by https://kaboompics.com/ on Pexels

JPMorgan Chase and Capital One are choosing to litigate lawsuits brought by the Trump administration. This decision aims to avoid a cascade of follow-on litigation regarding the practice of debanking.

The lawsuits allege that both financial institutions improperly closed customer accounts in 2021 based on political considerations. By choosing to contest these claims in court, the banks are signaling that they view the risks of public legal discovery as preferable to the precedent a settlement might establish.

"The larger risk of settling is we don't know what the Trump family might demand. It could invite additional lawsuits by people who faced adverse actions over their bank accounts and, depending on the terms of individual settlements, provide information to anyone who claims they were debanked," said Todd Zywicki, a George Mason University law professor, in a Reuters report.

Understanding 'Debanking' Risks

Debanking refers to the practice where financial institutions terminate an account holder's access to services due to perceived legal, financial, or reputational risks. The Office of the Comptroller of the Currency (OCC) is currently investigating approximately 100,000 complaints related to these account closures. Banks perform these risk assessments to comply with Anti-Money Laundering (AML) and Know Your Customer (KYC) regulations, but the process has drawn scrutiny from regulators and political figures.

Legal analysts suggest that the banks are weighing the strength of their internal compliance documentation against the political pressure of the current administration.

"For banks, the strength of the case is always a key factor in deciding whether to settle or litigate, even when the other party is the president," said Ed Mills, a Raymond James banking analyst.

Leadership and Market Positioning

Industry observers note that the decision to fight reflects the institutional culture at both firms.

"Both these banks are led by formidable CEOs who have a proven track record. They are not afraid to take risks," said Todd Baker, a senior fellow at the Richman Center for Business, Law and Public Policy at Columbia University.

As of September 11, 2026, Capital One Financial Corp (COF) stock was trading at $208.30.

For the banking sector, the outcome of these cases may clarify the latitude financial institutions have in managing customer relationships under heightened political oversight. A loss for the banks could force a reevaluation of internal risk-mitigation policies, while a win could solidify the legal protections banks rely on when closing accounts deemed high-risk.

JPMorgan ChaseCapital OneBankingLitigationRegulation
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Muhamed Porić

Founder and Editor of Embers.

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