Capital One data breach $190M class action settlement

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

CapitalOneSettlement.com

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