Kessler Topaz Meltzer & Check, LLP announces that it has filed a national class action lawsuit against Capital One Financial Corporation, Capital One, N.A., and Capital One Bank (USA), N.A. (collectively “Capital One”) on behalf of over 100 million credit card applicants and customers whose personally identifying information (“PII”) was compromised as a result of the data breach announced by Capital One. The action, Dames v. Capital One Financial Corporation et al Case No. 1:19-cv-1010, was filed on August 2, 2019 in the U.S. District Court for the Eastern District of Virginia.
On July 29, 2019, Capital One announced that a hacker had accessed the PII of more than 100 million credit card applicants and customers from 2005 – 2009 (the “Class”). Information accessed includes contact information, account numbers, dates of birth, credit scores, payment history, and transaction data. Furthermore, approximately 140,000 U.S. customers’ Social Security numbers and 80,000 linked bank account numbers were accessed. This data breach is one of the largest data thefts from a financial institution in history.
The class action complaint alleges that Capital One failed to maintain adequate safeguards to protect the PII of the Class, failed to discover the unauthorized access to the PII of the Class for almost four months, then waited ten days after discovering the data breach to notify the Class that their PII had been compromised. As a result, the Class has been subjected to serious risk of identity theft and financial harm.
If you have an account (checking, savings, credit card, mortgage, auto loan, etc.) with Capital One, and you are concerned that your personal information may have been compromised and would like to learn more about our class action, please fill out our online form, or contact us today at 888-299-7706 or by email at info@ktmc.com.