(Reuters) -A top federal agency may pursue enforcement action against Capital One over alleged misrepresentations related to its savings accounts, the consumer lender disclosed in a filing late on Thursday.

The company is responding to a letter the Consumer Financial Protection Bureau (CFPB) sent it earlier this month. The agency may also pursue litigation, Capital One warned.

At the center of the controversy is a lawsuit filed by some customers last year, who alleged that the company introduced a new "360 Performance Savings" account with a higher interest rate than it was paying to customers of another account with an identical name, "360 Savings."

The customers claimed that this mismatch was not clearly communicated, resulting in them missing out on potential earnings.

Capital One said it had a contractual right to change interest rates at its discretion and information about the new account was always available on its website.

The company did not immediately respond to a request for comment. CFPB declined to comment.

The probe comes as the company is awaiting regulatory approvals for its $35.3 billion acquisition of Discover Financial Services, which could reshape the payments industry.

Last week, New York Attorney General Letitia James said she was investigating if the deal violates the state's antitrust law.

The Wall Street Journal first reported the company's disclosure of the possible CFPB action on Friday.