Capital One customers seek class certification over data disclosure to Meta, Google

Capital One class action lawsuit overview:

• Who: Capital One customers Gary Ingraham and Deia Williams are suing the financial institution.
• Why: Ingraham and Williams claim Capital One illegally disclosed their personal financial information to Meta Platforms, Google and other third parties.
• Where: The lawsuit was filed in California federal court.

Capital One customers have urged a California federal judge to certify a class over claims the financial institution illegally disclosed their personal financial information to Meta Platforms, Google and others.

Plaintiffs Gary Ingraham and Deia Williams seek to represent two nationwide classes based on their federal Electronic Communications Privacy Act claim and two California subclasses for their state law claims, including violation of the California Consumer Privacy Act and the California Invasion of Privacy Act.

U.S. District Judge Trina L. Thompson heard arguments on the class certification motion and other matters during an April 21 hearing held in San Francisco but did not rule from the bench, instead indicating she would issue a written decision later, Law360 reports.

Ingraham and Williams claim Capital One engaged in an “outrageous, illegal and widespread practice” of knowingly and secretly installing third-party tracking tools on its website, allowing other businesses to collect customers’ personal and financial information.

Plaintiffs claim they were bombarded with ads after applying for credit card

The plaintiffs claim the third-party tracking tools collect “vast” amounts of sensitive consumer data, including Capital One customers’ account and employment information, browsing activity, credit card application details, approval data and other highly sensitive information.

They further allege this data is shared with third parties in real time for marketing and sales purposes, while Capital One allegedly generates revenue from targeted ads directing consumers to its website.

The plaintiffs also argue that Capital One does not adequately disclose these practices or obtain consumer consent, as required by various federal and state laws.

According to the complaint, the plaintiffs began seeing a “bombardment” of ads on Facebook and other websites for loans and credit cards after applying for a Capital One card or using its website.

Capital One, however, argued during the hearing that differences among the proposed class members are too significant to support class certification, according to Law360.

In a separate case, attorneys general from 18 states opposed a proposed class action settlement made to end claims Capital One deceptively advertised its 360 Savings accounts, arguing the settlement is not fair, reasonable or adequate.

Have you applied for a credit card with Capital One? Let us know in the comments.

The plaintiffs are represented by Natalie Lyons, Vess A. Miller, Lynn A. Toops, Lisa M. La Fornara, Mallory Schiller and Emily D. Herrin of CohenMalad LLP; J. Gerard Stranch IV, Kyle M. Mallinak, Lesley E. Weaver and Anne K. Davis of Stranch Jennings & Garvey PLLC; and Samuel J. Strauss, Brittany N. Resch and Andrew Gerald Gunem of Strauss Borrelli PLLC.The Capital One class action lawsuit is Shah, et al. v. Capital One Financial Corp., et al., Case No. 3:24-cv-05985, in the U.S. District Court for the Northern District of California.

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