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Capital One Data Breach Class Action Lawsuit

CASE NUMBER: 19-md-02915
CASE STATUS: Pending
COURT: U.S. District Court for the Eastern District of Virginia

Berger Montague serves as counsel in a data breach class action against Capital One and Amazon Web Services. The case was brought on behalf of 100 million Capital One credit card applicants and cardholders whose sensitive personal information was accessed by a computer hack in a cyber-attack.

The case is titled In re: Capital One Consumer Data Security Breach Litig., No. 19-md-02915 (E.D. Va.). A copy of the operative complaint is available here.

About the data breach

The breach involves 100 million consumers who applied for a Capital One credit card from 2005 through early 2019. According to Capital One, information compromised in the breach included “names, addresses, zip codes/postal codes, phone numbers, email addresses, dates of birth, . . . self-reported income[,] . . . credit scores, credit limits, balances, payment history, contact information, [and] fragments of transaction data from a total of 23 days during 2016, 2017 and 2018,” as well as Social Security numbers and bank account numbers for a smaller subset of individuals.

Armed with information accessed in the data breach, data thieves could commit a variety of identity theft crimes including:

  • Opening new financial accounts in consumers’ names;
  • Taking out loans in consumers’ names;
  • Using consumers’ information to obtain government benefits;
  • Filing fraudulent tax returns using consumers’ information;
  • Obtaining driver’s licenses in consumers’ names but with another person’s photograph;
  • Giving false information to police during an arrest; and
  • Committing bank account fraud.

As a result of the data breach, affected consumers have been exposed to a heightened risk of fraud and identity theft and must now closely monitor their financial accounts to guard against identity theft. Consumers may also incur out-of-pocket costs for purchasing credit monitoring services, credit freezes, credit reports, or other protective measures to deter and defect identity theft.

What the Class Action Seeks

The class action seeks: (i) compensation for out-of-pocket losses and time spent responding to the breach; (ii) credit monitoring and identity theft insurance for several years; and (iii) substantial improvements to Quest’s data security procedures.

About Berger Montague

Berger Montague is one of the largest class action law firms in the U.S. The firm has more than 60 attorneys and an experienced team of paralegals and support staff. Berger Montague has been a leader in the class action field for over 50 years.

The firm has a long track record of successfully litigating data breach class actions. Information about our data breach practice area is available here.

Lead Attorneys

E. Michelle Drake Headshot

E. Michelle Drake

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Jon Lambiras Headshot

Jon J. Lambiras

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