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The deadline to file a claim is only a few weeks away.
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Time is running out to file a claim in a $190 million settlement resolving a class action suit against Capital One stemming from in March 2019 that exposed more than 100 million customers’ personal data.
Plaintiffs in a complaint filed in US District Court for the Eastern District of Virginia claim that a hacker couldn’t have accessed Capital One’s cloud computing systems if adequate cybersecurity protections were in place. The bank “knew of the particular security vulnerabilities that permitted the data breach, but still failed” to protect customers, according to their complaint.
That negligence put millions of people at risk for fraud and identity theft, they added.
Capital One didn’t respond to a request for comment. In a December 2021 statement, the company denied any wrongdoing but said it was agreeing to the payout “in the interest of avoiding the time, expense and uncertainty of continued litigation.”
The deal was granted preliminary approval on Jan. 31. The deadline to file a claim was initially Aug. 22 but was extended to Sept. 30.
Here’s what you need to know about the Capital One settlement, including how to find out if you’re eligible for a check, how much money you could receive and how to file a claim.
For more on class-action cases, find out if you’re eligible for money from T-Mobile’s $350 million data breach case, Apple’s $14.8 million iCloud storage settlement or Facebook’s $90 million data-tracking payout.
In one of the largest financial security breaches in US history, a hacker accessed the personal information of approximately 106 million Capital One customers and applicants in March 2019.
The massive hack went undiscovered for approximately four months before Capital One made it public in July 2019.
Seattle engineer Paige Thompson, a former Amazon cloud employee, was ultimately arrested in connection with the case. In June, she was convicted of wire fraud and unauthorized access and damages to a protected computer.
Capital One said Thompson illegally gained access to personal information related to credit card applications dating between 2005 and early 2019 for both personal and small-business accounts.
“With some of her illegal access, she planted cryptocurrency mining software on new servers with the income from the mining going to her online wallet,” the Department of Justice said in a release, adding that Thompson used an alias to brag on social media and online forums about masterminding the attack.
Thompson is scheduled for sentencing on Sept. 15.
In addition to the $180 million class action lawsuit, Capital One was fined $80 million and agreed to enhance its cloud security standards.
Capital One said it immediately fixed its servers’ vulnerability to forged requests when it became aware of the breach.
Capital One said about 140,000 Social Security numbers and 80,000 US bank account numbers were exposed, as were birth dates, addresses, phone numbers, credit balances, transactions and credit scores.
An additional 1 million Canadian credit card customers and applicants had their Social Insurance Numbers stolen.
No login information or credit card account numbers were obtained by Thomas, the bank said.
Some 98 million applicants and cardholders are eligible to file a valid claim, according to Capital One, which said it sent letters and emails to members whose Social Security numbers or bank account numbers were exposed in the hack.
If you think you’re eligible but did not receive a notice, contact the settlement administrator at 855-604-1811 for assistance.
About 140,000 Social Security numbers and 80,000 Capital One account numbers were exposed, along with birth dates, addresses, phone numbers, credit balances, bank transactions and credit scores.
Class members can collect up to $25,000 in cash for lost time and out-of-pocket expenditures relating to the breach, including unreimbursed fraud charges, money spent preventing identity theft and fees to professional data security services.
You can claim up to 15 hours of lost time spent addressing the issue, at a rate of at least $25 per hour.
The settlement also provides three years of free identity protection services through the Pango Group, including identity monitoring, lost wallet protection, security freeze capabilities, dark-web monitoring, free account restoration, and $1 million in identity theft and fraud insurance.
You can file online at the class action settlement website. You’ll need the Unique ID and PIN printed on the notice you received from Capital One in the mail or via email, along with detailed documentation, including receipts, bank statements, voided checks and invoices. (If you lost your notice or never received one, contact the settlement administrator at 855-604-1811.)
You can also print out a paper claim form and mail it in, along with any supporting documentation, to the settlement administrator at:
Capital One Data Breach
P.O. Box 4518
Portland, OR 97208–4518
The original deadline to file a valid claim in the Capital One case was Aug. 22 but that deadline has been extended to Sept. 30, 2022.
The deadline for exclusion from the settlement in order to retain the right to pursue separate legal action expired on July 7.
A judge has given preliminary approval for the $180 million settlement. A final approval hearing was initially slated for Aug. 19 but it was rescheduled to Sept. 8.
Assuming the settlement receives final approval, and there are no appeals, checks could be sent out soon after. We’ll keep you updated as new information is made available.