On July 30, 2019, Capital One, one of the largest U.S. banks, announced that a hacker had breached its server and gained access to more than 100 million Capital One customers’ accounts and credit card applications, including 140,000 U.S. Social Security numbers, 1 million Canadian Social Insurance numbers and 80,000 bank account numbers, in addition to an undisclosed number of people’s names, addresses, credit scores, credit limits, balances, and other information.
On August 5, 2018, working in concert with other class action law firms, FDAzar filed a nationwide class action lawsuit in the Eastern District of Virginia on behalf of Colorado and California residents against Capital One, alleging privacy, breach of implied contract, and negligence claims, including allegations under California’s Unfair Competition Law, the California Customer Records Act, and the Colorado Security Breach Notification Act.
You may have a claim against Capital One if you are a Capital One customer or applied for a Capital One card. Contact FDAzar immediately.
This case involves a massive data breach, which Capital One knew about for months before announcing it on July 30, 2019. The breach involves the improper exposure of the personal information of over 100 million individuals in the United States and Canada resulting from Capital One’s failure to protect that information – including financial information (e.g., bank account numbers, fragments of transaction history, self-reported income, and credit scores), and/or personal information (e.g., Social Security Numbers, names, addresses, phone numbers, email addresses, and dates of birth).
The data breach occurred on March 22 and 23, 2019, yet was not publicly disclosed until July 29, 2019, over four months after the personal information and sensitive financial information of over 100 million customers and credit card applicants were breached. The hacker could have had access to Capital One systems for over one month, into April 2019.
Capital One only discovered the data breach after an individual previously unknown to Capital One sent an email to Capital One providing a link to a file containing the leaked data.
On July 29, Capital One finally publicly announced the data breach, stating that on July 19, 2019, it determined there was unauthorized access by an outside individual who obtained the personal information of people who had applied for its credit card products. Based on our analysis to date, this event affected approximately 100 million individuals in the United States and approximately 6 million individuals in Canada who had applied for a Capital One credit card product from 2005 through early 2019.
Capital One further disclosed that the compromised data included a treasure trove of personal information, including names, addresses, zip codes/postal codes, phone numbers, email addresses, dates of birth, and self-reported income. It also included customer status data, such as credit scores, credit limits, balances, payment history, and contact information. Furthermore, the compromised data included fragments of transactional data from a total of 23 days during 2016, 2017, and 2018, at least 140,000 Social Security numbers of its credit card customers, and at least 80,000 linked bank account numbers of its secured credit card customers.
Capital One’s security failures demonstrate that it failed to honor its duties and promises to consumers by failing to maintain an adequate data security system to reduce the risk of data breaches and cyber-attacks, failing to adequately monitor its system to identify the data breaches and cyber-attacks, and failing to adequately protect consumers’ personal information and sensitive financial information.
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