A class action settlement has been proposed in a case against Capital One Financial Corporation, Capital One, N.A., and Capital One Bank (USA), N.A. (“Capital One”), and against Amazon.com, Inc., and Amazon Web Services, Inc. (“Amazon”) (together “Defendants”), relating to a data breach that Capital One announced in July 2019 (the “Data Breach”). If you are a Settlement Class Member, there will be benefits available to you from the proposed Settlement.
In addition to other benefits, the proposed Settlement requires Capital One to establish a Settlement Fund of $190 million. The Settlement relief includes:
- Cash Payment for Out-of-Pocket Losses: The Settlement Fund will be used to reimburse verifiable unreimbursed costs or expenditures that a Settlement Class Member actually incurred and believes are fairly traceable to the Data Breach. This includes costs incurred as a result of identity theft or identity fraud, falsified tax returns, or other alleged misuse of a Settlement Class Member’s personal information; and costs incurred on or after March 22, 2019, associated with placing or removing a credit freeze on a credit file, obtaining credit reports, credit monitoring or other products related to detection or remediation of identity theft, and other related miscellaneous expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges (“Out-of-Pocket Losses”).
- Cash Payment for Lost Time: The Settlement Fund will be used to reimburse for time spent remedying fraud, identity theft, or other misuse of a Settlement Class Member’s personal information that he or she believes is fairly traceable to the Data Breach, and for time spent taking preventative measures to avoid losses relating to the Data Breach (“Lost Time”). Lost Time related to a qualifying claim for Out-of-Pocket Losses may be supported by a certification for up to 15 hours. Lost Time not related to a qualifying claim for Out-of-Pocket Losses may be supported by a certification for up to 5 hours. The Reimbursement Rate for Lost Time shall be the greater of $25 per hour or, if the Settlement Class Member took time off work, the Settlement Class Member’s documented hourly wage.
- Identity Defense Services: All Settlement Class Members were eligible to enroll in at least three (3) years of Identity Defense Services offered at no cost through Pango. The services include dark web monitoring for your personal information, identity monitoring with authentication alerts, lost wallet protection, security freeze capability, a $1 million identity theft insurance policy with no deductible, and other features discussed below (“Identity Defense Services”). If a Settlement Class Member’s Social Security number or linked bank account number was accessed in the Data Breach, their Identity Defense Services will also include Three-Bureau Credit Monitoring with instant alerts and a monthly credit score. You could have made a claim for both cash payments and Identity Defense Services.
- Restoration Services: All Settlement Class Members (regardless of whether they enroll in Identity Defense Services or submit a claim for Out-of-Pocket Losses or Lost Time) will be entitled to utilize Restoration Services offered through Pango for a period of at least three (3) years (“Restoration Services”). This coverage is a separate benefit and permits all Settlement Class Members to have access to U.S.-based fraud resolution specialists who can assist with important tasks such as placing fraud alerts with the credit bureaus, disputing inaccurate information on credit reports, scheduling calls with creditors and other service providers, and working with law enforcement and government agencies to dispute fraudulent information.
- Capital One Business Practice Changes: Capital One has agreed to implement and/or maintain certain business practice changes relating to its information security program. A description of those Business Practice Changes are available in FAQ 11.
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