B.C. judge certifies $800 million class action lawsuit against Capital One

Personal information of Capital One credit card applicants between 2005 and early 2019 was breached.

A B.C. Supreme Court judge has certified an $800 million class action lawsuit against Capital One, the bank that issues credit cards for Costco Wholesale and Hudson’s Bay Company to Canadians.

The complaint was brought by British Columbia resident Duncan Campbell, represented by Charney Lawyers PC, following a data breach in July 2019.

According to the court ruling, data stolen from Canadians included information submitted on credit card applications between 2005 and early 2019, such as name, date of birth, mother’s maiden name, address , e-mail address, telephone number, name of employer, housing situation. , annual income, mortgage status and banking information.

The data breach affected six million Canadian customers and approximately 100 million US customers.

Although there is no evidence that the data was disseminated beyond the original hacker, Judge Nitya Iyer ruled that the complaint could focus on “negligence, breach of contract, breach legal privacy offenses and violation of consumer protection laws”.

A judge will have to determine whether Capital One was negligent and whether it also violated British Columbia’s Privacy Act and Business Practices and Consumer Protection Act.

If such violations are proven in court, plaintiffs could be entitled to a share of $800 million in damages.

In August 2020, the U.S. Office of the Comptroller of the Currency found Capital One non-compliant with its risk assessment standards and imposed civil penalties totaling $80 million, Iyer noted.

Capital One has already agreed to pay $190 million to settle a class action lawsuit in the United States, The Seattle Times reported last December.

To register for this class action, email [email protected]

[email protected]

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