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A nationwide class action lawsuit has been filed in Virginia federal court over a 2019 Capital One data breach that allegedly exposed the personal information of more than 106 million individuals in the United States and Canada.
Lead plaintiffs Brandi Edmondson, Brandon Hausauer, Sara Sharp, and Gary Ziekicke say that the Capital One data breach, which was announced on July 29, 2019, exposed the personal and financial information of small businesses and individuals who applied for credit card products between 2005 and 2019.
Stolen information allegedly included Social Security Numbers, bank accounts, credit scores, and other financial information, along with names, addresses, phone numbers, birth dates, and email addresses. The plaintiffs claim that all personal information remain “dangerously exposed” to hackers.
In addition to Capital One, the plaintiffs also name Amazon and its subsidiaries as defendants responsible for the exposure. A rogue Amazon employee exposed sensitive personal customer information for months, alleges the class action. The plaintiffs say that Amazon’s bad data protection policies failed to detect or stop the hack that now affects hundreds of millions of everyday consumers.
Neither Capital One nor Amazon detected the data breach, regarded as one of the largest incidents of data theft, for months despite the fact that the rogue employee publically posted about their hacking accomplishment on social media sites, claims the class action lawsuit.
“Moreover, Capital One—which has almost limitless resources to protect the vulnerable data entrusted to it and in the face of well-publicized data breaches sustained by numerous other companies, including financial institutions in the United States—was fully aware of the perils of a data breach and its legal responsibility to protect against a data breach,” reads the complaint.
This is not the first class action lawsuit to be filed over the Capital One data breach. Shortly after the breach was announced, a lawsuit was filed in New York federal court. In addition, several class actions have been filed in Canada over the hack.
The plaintiffs in the most recently lodged lawsuit seek to represent a nationwide Class of consumers whose personal and financial information were exposed in the breach. The plaintiffs also seek to represent residents in their respective states, including Texas, Washington, California, and Florida.
In addition to damages, the class action is seeking a litany of actions from Capital One and Amazon to further protect the data they collect from a future hack.
Was your personal or financial information compromised in the Capital One data breach? We want to hear from you! Tell us about your experience in the comment section below.
The lead plaintiffs are represented by Steven T. Webster of Webster Book LLP, Norman E. Siegal of Stueve Siegel Hanson LLP, Karen Hanson Riebel of Lockridge Grindal Nauen, PLLP, and John A. Yanchunis of Morgan & Morgan Complex Litigation Group.
The Capital One Data Breach Class Action Lawsuit is Edmonson et al. V. Capital One Financial Corporation, et al., Case No. 1:21-cv-00332 in the U.S. District Court for the Eastern District of Virginia.
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How do you determine if your data was breached? Has Capital One sent out notifications on this?