On July 2, 2026, the U.S. District Court for the Eastern District of Virginia denied Capital One’s motion to dismiss the plaintiff’s breach-of-contract and breach of the implied covenant of good faith and fair dealing. The Court held that the complaint adequately alleges that the plaintiff satisfied the requirements of the Capital One Offers program but did not receive the promised cash-back payouts, and that Capital One may have exercised its discretion to determine qualifying purchases arbitrarily or in bad faith. The Court dismissed the plaintiff’s alternative unjust-enrichment claim and his claims under the Virginia and Connecticut consumer-protection statutes, but the central contract claim will proceed.