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This settlement is closed!

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Capital One Bank logo on the screen in a main focus and a blurred silhouette of the opened lock - capital one data breach settlement - Capital One customer data security litigation
(Photo Credit: Ascannio/Shutterstock)

Updates:

  • Top Class Actions readers reported this settlement paying out up to $2,128.35 as of Oct. 31, 2023.
  • Congratulations to everyone who filed a claim and got paid!

  • Final approval was granted Sept. 13, 2022.
  • The claim deadline has been extended to Sept. 30, 2022.

Capital One will pay $190 million as part of a customer data security litigation settlement to resolve claims it jeopardized customer information in a 2019 data breach. Consumers may file a Capital One settlement claim through Aug. 22, 2022.

The settlement benefits around 98 million Capital One customers whose information was compromised as part of the 2019 data breach. 

Capital One offers a variety of financial services to customers. However, according to the bank, its customers were targeted in a 2019 data breach.

In July 2019, Capital One informed its customers that millions of them had their information compromised when a third party accessed bank systems. Although the perpetrator was captured by the Federal Bureau of Investigation (FBI), sensitive information such as names, birth dates, addresses, phone numbers, credit scores, contact information, credit balances, payment history, and even Social Security numbers were compromised.

Customers affected by the data breach swiftly took legal action against Capital One, arguing the bank violated its duties to protect consumer information. 

According to the plaintiffs, their information would have been secured and protected if Capital One took reasonable cybersecurity measures. Their failure to protect consumer information directly put customers at risk for identity theft and fraud, the Capital One class action lawsuit contends.

Capital One hasn’t admitted any wrongdoing but agreed to pay $190 million to resolve the claims.

Under the terms of the settlement, class members can collect a cash payment for out-of-pocket expenses and lost time. 

The settlement allows reimbursement for up to $25,000 in out-of-pocket expenses related to the data breach. This includes money spent preventing identity theft or fraud, unreimbursed fraud charges, miscellaneous expenses, professional fees, and up to 15 hours of lost time at a rate of at least $25 per hour. These payments require detailed documentation including bank statements, invoices, and receipts. 

The settlement also provides three years of identity defense services through Pango. These services provide dark web monitoring, identity monitoring, lost wallet protection, security freeze capabilities, $1 million in insurance, and other benefits. 

The settlement also provides free restoration services through Pango to support class members in the case of fraud or identity theft.

In addition to providing the benefits listed above, Capital One has committed to extensive cyber security practices for at least two years. These changes aim to better protect customer data.

The deadline for exclusion and objection is July 7, 2022. 

The final approval hearing for the settlement is scheduled for Sept. 8, 2022, rescheduled from Aug. 19, 2022. 

In order to receive a payment or other benefits from the Capital One data breach settlement, class members must submit a valid claim form by Sept. 30, 2022.

Who’s Eligible

The settlement benefits around 98 million Capital One customers whose information was compromised as part of the 2019 data breach.

Potential Award

Up to $25,000

Proof of Purchase

Acceptable documentation includes receipts, voided checks, bank statements, or other documents showing the amount of your losses and/or a detailed narrative description.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

09/30/2022

Case Name

In re: Capital One Customer Data Security Breach Litigation, Case No. 1:19-md-02915-AJT-JFA, in the U.S. District Court for the Eastern District of Virginia Alexandria Division

Final Hearing

08/19/2022

Settlement Website
Claims Administrator

Capital One Data Breach
Settlement Administrator
P.O. Box 4518
Portland, OR 97208–4518
info@CapitalOneSettlement.com
855-604-1811

Class Counsel

Norman E Siegel
STUEVE SIEGEL HANSON LLP

Karen Hanson Riebel
LOCKRIDGE GRINDAL NAUEN PLLP

John A Yanchunis
MORGAN & MORGAN COMPLEX LITIGATION GROUP

Defense Counsel

S Stewart Haskins II
KING & SPALDING LLP

Robert A Angle
Timothy St George
TROUTMAN PEPPER HAMILTON SANDERS LLP

Mary C Zinsner
TROUTMAN PEPPER HAMILTON SANDERS LLP

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1,062 thoughts onCapital One data breach $190M class action settlement

  1. Angie says:

    So at the end of Nov? why are they waiting so long. They will send them right before the 2023 year ends to collect interest but will send out in enough time for people to file their income tax. I see no reason to hold onto them when the Oct 5th deadline has passed.

    1. Gail says:

      You have until Nov 27th to respond to the Epicpay email and choose a payment method. If you don’t respond, a check will be mailed to you on Nov 27th. People who had to fill out a W-9 will receive their checks 4-6 weeks (originally it was 2-4 weeks) after the Oct 5th deadline to return a completed W-9 to them.

  2. Gail says:

    Has anyone who had to fill out a W-9 received a check yet?

    1. bb says:

      Nope, unfortunately not :-( just playing the waiting game

  3. Angie says:

    UPDATE: I called the administrator this morning and spoke to someone very informative. she told me that she located my info but her system couldnt tell if they sent me my check or payment. She made me hold while she esculated my info to a manager. She told me that it was very odd and strange that she couldnt see that info of whether or not a payment was mailed or sent to me. She had all of my info and found me but she said that they could be having some type of system issues and thats why she couldnt see my info and I havent received my payment yet. I would suggest that if you haven’t received your payment yet that you call and let them know in case there is an error on their end that could be why we havent received a check yet. She told me that they should have been mailed out now and I would have received it already.

    1. bb says:

      I just called and was told checks would be sent out after 11/27 and she also said my amount was 1160$ , so I guess it’s just a waiting game

    2. Cookie says:

      I filled out a W9 form. I called today. Checks will be mailed in 6 weeks after October 5th. The agent didn’t have an amount for me.

  4. Lynn says:

    I had to fill out a W-9 form because I have a larger claim award. Originally I was told checks would be RECEIVED 2-4 weeks after the Oct 5th deadline to complete and submit a W-9. I called today to check the status of my check, which is just under $2700, and I am now being told it will be 4-6 weeks for them to even be mailed out. That means another week for them to be received. I don’t understand why the people who were most effected by this data breach (hence the larger payout) have to wait up to a month and a half longer!!! They have a different email address now which is:
    Info2@capitalonesettlement.com
    The “2” differenciates the new one. They are very good about replying if you have questions about your claim. They will also look up your account and email your award amount, along with any other information you are looking for.

  5. Tammy says:

    Im hoping they mailed out the checks already. I havent seen anyone on Facebook posting a check. I have also emailed them again but they never responded. Im just trying to confirm the date they were or will be sent.

    1. BB says:

      There’s a lot of conflicting information on when they will be send, some say this week, others claim end of November

      1. Noneya says:

        I was told this week. I talked to someone last week and today.

  6. Mike says:

    So when are we to expect the second round distribution?

    1. Noneya says:

      What second round distribution? You mean the people who haven’t gotten their checks yet.

  7. Angie says:

    I had hoped they would have sent them today. That means they will probably send them at the end of next week. You know how that goes.

  8. Angie says:

    I called and I also emailed. When I called they could not give me to much info. However, anyone who received the email about completing a 1099, all of those will be issued by check whether you completed one or not.and they will go out after Oct 5. The amount for my is $1866

    1. Stefanie says:

      That’s awesome! They wouldn’t give me my amount…said they wouldn’t calculate anything until after the W-9 deadline passed.

      1. Poohlicious says:

        I spoke with someone today. I am also getting $1866. Checks will go out starting next week.

    2. Imekah Manley says:

      Mine is 2634

  9. Bee says:

    If you call the claim line are they able to provide you with the amount you are receiving? I’m getting a check but was not provided with the $ amount and would like to know

  10. Dan S says:

    I received my $707.31 today. I chose the direct deposit ACH payment method which originally said payment would be processed by October 10th at the end of the day. So happy to have gotten it early!!!!

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.