Capital One Data Breach Class Action Update: What You Need to Know and How to Join

Capital One is a very large company, used by tens of millions of Americans. Unfortunately, a significant data breach exposed the personal information of over 100 million customers.

Are you one of them?

Capitol One Data Breach

The Capital One data breach occurred in 2019 and affected over 100 million customers.

On July 19, 2019, an outside individual gained unauthorized access and stole personal information about Capital One credit card customers and applicants. The FBI later captured this outside individual.

A settlement was reached in 2022. However, the case is still open. Some claims and legal proceedings are still active.

How To Join The Class Action Lawsuit Against Capital One

In its simplest form, a class action lawsuit is when a group of people – plaintiffs – all file a lawsuit together as one group, or when one person files a lawsuit on behalf of a group.

In this case, plaintiffs have brought suit against Capital One for their handling of personal customer data.

While the claims process is closed, there are more options available. From Capitol One:

“Identity Defense Services and Restoration Services that were provided by the settlement are currently the only active benefits that are available to Settlement Class Members. Class Members who submitted a claim requesting the Identity Defense Services were emailed instructions on how to enroll. Further, Settlement Class Members who did not submit a claim are also able to enroll. Additionally, Restoration Services are available to all Class Members whether or not they submitted a claim.

“The Settlement has been extended through three more years to February 13, 2028. The claim filing period and other administration options, however, have now closed.”

Find out if you are eligible here.

How Do Class Action Lawsuits Work?

Class action law has evolved over the last few decades. But there are specific rules binding class actions, known as Rule 23 in the federal rules for civil procedures. The Legal Information Institute lays out what the court must find in order to approve a class action:

1. The number of class members renders it impracticable to join them in the action
2. The class members’ claims share common questions of law or fact
3. The claims or defenses of the proposed class representatives are typical of those for the rest of the class, and
4. The proposed class representatives will adequately protect the interests of the entire class.

In short, multiple plaintiffs must all have sufficiently similar claims of damage, such that a ruling would largely have the same affect on all class members. The question is then before the court: have all these plaintiffs indeed suffered similar harm from the defendant?

How Long Do Class Action Lawsuits Take

Again, the answer is: it depends on the case.

In some cases, the answer is 10 minutes! Defendants can try to end the case before it even begins by settling with the plaintiffs – typically this means payments. According to Top Class Actions, settlements can typically take up to nine months or a year.

However, if class actions go to trial, the timeline becomes years long – typically two or three years, according to the Cochran Firm.

Click Here for more information on how to join the Capital One class action lawsuit.