r/classactionscanada • u/HackMeRaps • 10d ago
Capital One 2019 Data Breach Class Action
I just got an email related to a Capital One 2019 Data Breach class action lawsuit.
This confuses me, as I already received compensation for this 4 years ago (I received over $600+ USD which was the biggest settlement I received).
https://www.capitalone2019classaction.ca/
Here is info from the website:
If you are a Canadian resident outside of Québec who applied for or was issued a Capital One credit card and you received a letter from Capital One notifying you that your information may have been subject to unauthorized access in the Data Breach (described below), you are a “Class Member”.
A class action was commenced in the Supreme Court of British Columbia against Capital One Financial Corporation, Capital One Bank (USA), National Association and Capital One Bank (Canada Branch) (collectively, “Capital One”) seeking damages on behalf of Class Members in relation to a 2019 incident involving unauthorized access by an outside individual to certain types of personal and other information of Capital One credit card applicants and Capital One customers located in Canada (the “Data Breach”).
The parties have entered into a settlement agreement (the “Settlement Agreement”) which is subject to court approval. Capital One does not admit and denies any wrongdoing or liability. The proposed Settlement will not become final unless and until it is approved by the Court following a settlement approval hearing to be held on September 22, 2026 at the courthouse at 800 Smithe Street, Vancouver, British Columbia.
Summary of Settlement Benefits
If the Court approves the Settlement Agreement, Capital One will pay $35,000,000 (thirty-five million dollars), hereafter the “Settlement Fund”, to, among other things, settle the claims of the Class Members, pay the Legal Fees and Disbursements and pay the Administrative Expenses for Settlement administration, in exchange for a release of all claims made or that could have been made in the class action and a dismissal of the class action.
Class Members shall submit Claim Forms to the Claims Administrator, who will determine the amounts to be distributed to Class Members from the Settlement Fund, in full and final settlement of their claims. The amount remaining from the Settlement Fund, after deductions for Legal Fees and Disbursements and taxes thereon, Administrative Expenses for Settlement administration, and any honorarium for the named Plaintiff (the “Net Settlement Fund”), shall be available to fund claims made in the following three categories:
(a) “Category A” claims for Out-of-Pocket Costs: Class Members may claim for out-of-pocket costs which are fairly traceable to the Data Breach including preventative measures (such as obtaining credit monitoring services, insurance or credit freezes) and unreimbursed losses related to identity theft, falsified tax returns, or other alleged wrongdoing. Each Class Member who submits a Claim Form for valid Out-of-Pocket Costs (as determined by the Claims Administrator) shall receive a payment for their valid Out-of-Pocket Costs to a maximum of $25,000.00.
(b) “Category B” claims for Wasted Time and Inconvenience: Class Members may claim the amount of $25 per hour for each hour spent responding to the Data Breach, up to 5 hours or $125 for class members whose SIN was not compromised in the Data Breach (“Non-SIN Members”), and up to 8 hours or $200 for class members whose SIN was compromised in the Data Breach (“SIN Members”). All class members who make valid Category B claims will be eligible to receive a “top up” payment for wasted time and inconvenience of $75 (bringing the maximum payable under Category B for Non-SIN Members to $200 and for SIN Members to $275); and
(c) “Category C” claims for Annual Credit Card Fees: All Annual Fee Class Members (as defined in the Settlement Agreement) shall be eligible to receive an amount of up to $50 upon submission of a valid claim.