1. What is the Notice, and why did I get it?

    A Court authorized the Notice to inform you how you may be affected by this proposed Settlement. The Notice describes the lawsuit, the general terms of the proposed Settlement and what it may mean to you. The Notice also explains how to participate in, or exclude yourself from, the Settlement if your information was accessed in the Capital One Data Breach.

    For information on how to determine if you are a Settlement Class Member, and therefore eligible for benefits under this Settlement, see FAQ 5.

    To view a copy of the Notice, click here.

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  2. What is this lawsuit about?

    In July 2019, Capital One announced that it had been the victim of a criminal cyberattack on its systems. The attacker gained unauthorized access to the personal information of approximately 98 million U.S. consumers. The specific information accessed for each person included some combination of people’s names, addresses, zip codes/postal codes, phone numbers, email addresses, dates of birth, self-reported income, credit scores, credit limits, balances, payment history, contact data, and/or fragments of transaction data from a total of 23 days during 2016, 2017 and 2018. In addition, about 120,000 Social Security numbers and 80,000 linked bank account numbers were accessed.

    Numerous lawsuits were brought on behalf of consumers whose personal information was accessed as a result of the Data Breach. Judge Anthony J. Trenga of the U.S. District Court for the Eastern District of Virginia is overseeing these lawsuits. These lawsuits are known as In re: Capital One Inc. Customer Data Security Breach Litigation, MDL No. 1:19md2915. The consumers who sued are called the “Plaintiffs.” Capital One and Amazon are the “Defendants.” Plaintiffs claim that Defendants did not adequately protect consumers’ personal information. Defendants denied any wrongdoing and denied that the information accessed by the attacker had been made public or disseminated by the attacker. No court or other judicial entity has made any judgment or other determination of any wrongdoing by Capital One or Amazon.

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  3. Why is this a class action?

    In a class action, one or more people called “Class Representatives” sue on behalf of themselves and other people with similar claims. All of these people together are the “Class” or “Class Members.” Since this is a class action settlement, even persons who did not file their own lawsuit can obtain benefits provided under the Settlement, except for those individuals who exclude themselves from the Settlement Class. The most recent version of the complaint filed by the Plaintiffs in the lawsuit, which describes the specific legal claims alleged by the Plaintiffs is available here.

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  4. Why is there a settlement?

    The Court has not decided the case in favor of Plaintiffs or Defendants. No court or other judicial entity has made any judgment or other final determination of any liability by Capital One or Amazon in this case. Instead, both sides agreed to a settlement after a lengthy mediation process overseen by a neutral mediator. Settlements avoid the costs and uncertainty of a trial and related appeals, while more quickly providing benefits to members of the Settlement Class. The Class Representatives appointed to represent the Class and the attorneys for the Settlement Class (“Class Counsel,” see FAQ 17) believe that the Settlement is in the best interests of the Settlement Class Members.

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  5. How do I know if I am part of the Settlement?

    You are a Settlement Class Member if you are among the approximately 98 million U.S. residents identified by Capital One whose information was accessed in the Capital One Data Breach. If you received a notice, you are likely a member of the Settlement Class. You can also confirm you are a Settlement Class Member, and eligible for benefits, by calling 1-855-604-1811 (Toll-Free).

    Excluded from the Settlement are:

    • Officers and directors of Capital One and Amazon;
    • The presiding judge and any judicial staff involved in the lawsuit; and
    • Any Class Member who timely and validly opts-out (see FAQ 20).

    If you’re still unsure if you are included, you can review the information listed on this website or call 1-855-604-1811 (Toll-Free) and ask whether you are a Settlement Class Member.

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  6. Am I a Class Member?

    You are a Class Member and eligible to file a claim if you received notice of the Settlement. The Notice contains your Unique ID and a PIN required to file a Claim Form, Here. If you misplaced your Notice or you’re unsure if you are included after reviewing the information on this website, you may call 1-855-604-1811 or contact the Settlement Administrator at info@CapitalOneSettlement.com .

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  7. What does the Settlement provide?

    Capital One will pay $190,000,000 into a Settlement Fund. The Settlement Fund will be used to:

    • Make cash payments for Out-of-Pocket Losses and Lost Time (see FAQ 8);
    • Purchase Identity Defense Services (see FAQ 9);
    • Purchase Restoration Services for all Settlement Class Members, regardless of whether they make a claim (see FAQ 10);
    • Pay the costs of notifying Settlement Class Members and administering the Settlement;
    • Pay service awards to Settlement Class Representatives and any other Settlement Class Member who was deposed in the action, as approved by the Court (see FAQ 19);
    • Pay attorneys’ fees, costs, and expenses, as approved by the Court (see FAQ 18).

    Capital One has also agreed to implement and/or maintain certain business practices relating to its information security program (see FAQ 11). A description of these business practice commitments is available in the Settlement Agreement.

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  8. How will the Settlement compensate me for identity theft I have already suffered or money I have already paid to protect myself?

    Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses. If you spent money to deal with fraud or identity theft that you believe was fairly traceable to the Data Breach or to protect yourself from future harm as a result of the Data Breach, then you can submit a claim for reimbursement up to $25,000 (including your claim for Lost Time). Out-of-Pocket Losses that are eligible for reimbursement may include, without limitation, the following:

    • Money spent on or after March 22, 2019, associated with placing or removing a security freeze on your credit report with any credit reporting agency;
    • Money spent on credit monitoring or identity theft protection on or after March 22, 2019;
    • Unreimbursed costs, expenses, losses or charges you paid on or after March 22, 2019, because of identity theft or identity fraud, falsified tax returns, or other alleged misuse of your personal information that you believe was fairly traceable to the Data Breach;
    • Other miscellaneous expenses related to any Out-Of-Pocket Loss that you believe were fairly traceable to the Data Breach such as notary, fax, postage, copying, mileage, and long-distance telephone charges; and
    • Professional fees incurred in connection with addressing identity theft, fraud, or falsified tax returns that you believe was fairly traceable to the Data Breach.

    This list provides examples only, and other losses or costs that you believe are fairly traceable to the Data Breach may also be eligible for reimbursement.

    To claim reimbursement for Out-of-Pocket Losses, you must also provide “Reasonable Documentation.” Reasonable Documentation means documentation supporting your claim, including, but not limited to credit card statements, bank statements, invoices, telephone records, and receipts. Personal certifications, declarations, or affidavits from the claimant do not constitute Reasonable Documentation but may be included to provide clarification, context or support for other submitted Reasonable Documentation.

    The Settlement Administrator will decide if your claim for Out-of-Pocket Losses is valid. Only valid claims will be paid. The deadline to file a claim for Out-of-Pocket Losses is September 30, 2022.


    Settlement Benefit: Cash Payment for Lost Time. If you spent time (i) remedying fraud, identity theft, or other alleged misuse of your personal information that you believe is fairly traceable to the Data Breach, or (ii) taking preventative measures (time placing or removing security freezes on your credit report, or purchasing credit monitoring or identity protection) on or after March 22, 2019, then you may make a claim for reimbursement for Lost Time at a Reimbursement Rate of the greater of $25 per hour or, if you took time off work, your documented hourly wage.

    For Lost Time related to qualifying Out-of-Pocket Losses, you may receive reimbursement for up to 15 hours at your Reimbursement Rate. For Lost Time not related to qualifying Out-of-Pocket Losses (“Self-Certified Time”), you may receive reimbursement for up to 5 hours at the Reimbursement Rate. To make a claim for Lost Time, you must provide a description of (i) the actions taken in response to the Data Breach in dealing with misuse of your information or taking preventative measures and (ii) the time associated with those actions. You must certify that the description is truthful. Valid claims for Lost Time will be reimbursed in 15-minute increments.

    The deadline to file a claim for Lost Time is September 30, 2022.

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  9. How will the Settlement help protect me against future identity theft and fraud?

    Settlement Benefit: Identity Defense Services. The Settlement provides a way to help protect yourself from unauthorized use of your personal information. Settlement Class Members may submit a claim to enroll in at least three (3) years of Identity Defense Services, provided through Pango, at no cost. These services include the following features:

    • Dark web monitoring for your Social Security number, date of birth, address, driver’s license number, passport number, payment cards, email addresses, and other information;
    • Identity monitoring with authentication alerts;
    • Lost wallet protection;
    • Security freeze capability in multiple categories: Credit—Experian, Equifax, TransUnion and Innovis; Specialty Finance—Sage Stream, Clarity DATAX and CoreLogic; Closed Checking and Savings accounts—Chex Systems; Utilities—NCTUE;
    • $1 million in no-deductible insurance provided by a third-party insurer to cover certain costs related to identity theft or fraud;
    • U.S.-based customer support specially trained in identity theft and fraud discovery and remediation; and
    • Insight & Tips for members on the user dashboard.

    If your Social Security number or linked bank account number was accessed in the Data Breach, your Identity Defense Services will also include:

    • Three-bureau Credit Monitoring with instant alerts; and
    • A Monthly Credit Score.

    To maximize protection offered by this service, you should make a claim for Identity Defense Services by September 30, 2022. You may later enroll in the free Identity Defense Services at any time while the service is active, which will be at least 3 years. Free Identity Defense Services will end on the same date regardless of when you enroll. The term of the Identity Defense Services may be extended if there are funds remaining in the Settlement Fund after the payment of all other benefits and costs provided by the Settlement (see FAQ 12).

    If you submit a valid Claim Form and elect to enroll in Identity Defense Services, you will receive enrollment instructions by email after approval of the Settlement. You may make a claim for both reimbursement for Out-of-Pocket Losses and/or Lost Time and Identity Defense Services.

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  10. How will the Settlement help me deal with identity theft or fraud if it happens?

    Settlement Benefit: Free Restoration Services: All Settlement Class Members, even those who do not enroll in Identity Defense Services or do not submit a claim, will be entitled to utilize Restoration Services offered through Pango. This coverage is a separate benefit and provides all Settlement Class Members 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. All Settlement Class Members may access these free Restoration Services after the Settlement becomes final, even if you never make a claim from this Settlement, by visiting this website, or calling toll free 1-855-604-1811 (Toll-Free).

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  11. Will the Settlement include changes to Capital One’s data security program?

    Settlement Benefit: Data Security Business Practice Commitments by Capital One: Capital One has agreed to adopt, pay for, implement, and maintain extensive Business Practice Commitments related to information security for a period of at least two (2) years. A description of these Business Practice Commitments is available in Exhibit 2 to the Settlement Agreement.

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  12. What happens if there are leftover Settlement Funds?

    The Settlement Fund will be used to pay claims for Out-of-Pocket Losses, Lost Time, Identity Defense Services and Restoration Services, administrative and notice costs, and service awards for Settlement Class Representatives and any other Settlement Class Member deposed in the case and attorneys’ fees, costs, and expenses as approved by the Court.

    • If Settlement Funds still remain after these payments, up to two (2) additional years of Identity Defense Services may be provided to Settlement Class Members who claimed Identity Defense Services, and the period for Restoration Services for all Settlement Class Members will be extended by the same period. Settlement Class Members may enroll in Identity Defense Services during the extended period.
    • If Settlement Funds still remain, payments will be increased on a pro rata basis to Settlement Class Members submitting valid claims.
    • Any remaining Settlement Funds resulting from the failure of Settlement Class Members to timely negotiate a settlement check or to timely provide required tax information such that a settlement check should issue, shall be distributed to Settlement Class Members, or as otherwise ordered by the Court, but no money will be returned to Capital One.
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  13. What happens if the Settlement Fund runs out of money?

    If the payments described in FAQ 12 exceed the Settlement Fund, the cash payments will be reduced on a pro rata basis.

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  14. How do I file a claim for Identity Defense Services, Out-of-Pocket Losses, and/or Lost Time?

    To receive Identity Defense Services or for reimbursement for Out-of-Pocket Losses or Lost Time, you will need to file a claim. The easiest way to submit a Claim Form is online Here. You can also download a copy of the paper Claim Form here and return a completed Claim Form by mail.

    If you plan to mail in a Claim Form, then please type or legibly print all requested information in blue or black ink. Mail your completed Claim Form, including any supporting documentation, by U.S. Mail to:

    Capital One Data Breach
    Settlement Administrator
    P.O. Box 4518
    Portland, OR 97208–4518

    The deadline to file a claim for Out-of-Pocket Losses or Lost Time fairly traceable to the Data Breach is September 30, 2022 (this is the last day to file online and the postmark deadline for mailed claims). To maximize protection offered by Identity Defense Services, you should make a claim for Identity Defense Services also by September 30, 2022. You may later enroll in Identity Defense Services at any time the service is active (at least 3 years), however all memberships in the free Identity Defense Services will end on the same date regardless of when you enroll.

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  15. When and how will I receive the benefits I claim from the Settlement?

    Identity Defense Services claimed by Settlement Class Members will begin, and payments for valid claims for Out-of-Pocket Losses and/or Lost Time will be made only after the Court enters a final judgment and the Settlement becomes final. This may take several months or more; please be patient. Periodic updates will be posted on this website.

    If you make a valid claim for Identity Defense Services, the Settlement Administrator will send you information on how to activate your Identity Defense Services once the Settlement is final.

    Payments for valid claims for Out-of-Pocket Losses and/or Lost Time will be made by the Settlement Administrator in the manner you select (various digital payment options or a paper check). The Settlement Administrator will send you information on these payment options once the Settlement is final.

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  16. What am I giving up to stay in the Settlement Class?

    If you make a claim under the Settlement, or if you do nothing, you will be releasing all of your legal claims relating to the Data Breach against Capital One and Amazon when the Settlement becomes final. By releasing your legal claims, you are giving up the right to file or to continue to pursue separate legal claims against or seek further compensation from Capital One or Amazon for any harm related to the Data Breach or the claims alleged in the lawsuits—whether or not you are currently aware of those claims.

    Unless you excluded yourself from the Settlement (see FAQ 20), all of the decisions by the Court will bind you. That means you will be bound to the terms of the Settlement and accompanying court orders, and you cannot bring a lawsuit or be part of another lawsuit against Capital One or Amazon regarding the Data Breach.

    Paragraph 2.34 of the Settlement Agreement defines the claims that will be released by Settlement Class Members who do not exclude themselves from the Settlement. You can access the Settlement Agreement and read the specific details of the legal claims being released here.

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  17. Do I have a lawyer in this case?

    Yes. The Court appointed the following attorneys to represent you and other Settlement Class Members as “Class Counsel.”

    Norman E. Siegel
    STUEVE SIEGEL HANSON LLP
    460 Nichols Road
    Suite 200
    Kansas City, MO 64112
    Karen Hanson Riebel
    LOCKRIDGE GRINDAL NAUEN P.L.L.P.
    100 Washington Avenue South
    Suite 2200
    Minneapolis, MN 55401
    John A. Yanchunis
    MORGAN & MORGAN COMPLEX
    LITIGATION GROUP
    201 N. Franklin Street
    7th Floor
    Tampa, FL 33602

    You will not be charged by these lawyers for their work on the case. If you want to be represented by your own lawyer, you may hire one at your own expense.

    Please Note: If you have questions about making a claim, please see the information in FAQ 14.

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  18. How will these lawyers be paid?

    Class Counsel have undertaken this case on a contingency-fee basis, meaning they have paid for all of the expenses in the case and have not been paid any money in relation to their work on this case. Accordingly, Class Counsel will ask the Court to award them attorneys’ fees of up to 35% of the Settlement Fund and reimbursement for costs and expenses to be paid from the Settlement Fund. The Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately pay any portion of these fees yourself. Class Counsel’s request for attorneys’ fees and costs (which must be approved by the Court) will be filed by June 16, 2022, and will be available to view on this website.

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  19. Will the Class Representatives receive any additional money?

    The Class Representatives in this action are listed in the Settlement Agreement. Capital One and Amazon also took the depositions of an additional set of Class Members pursuant to a court order. Class Counsel will ask the Court to award the Class Representatives and the other Class Members deposed in the case “Service Awards” of $5,000 each for the time that they spent and the risks that they undertook in bringing this lawsuit on behalf of the Class. This amount will have to be approved by the Court. Any amount approved by the Court will be paid from the Settlement Fund.

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  20. How do I exclude myself from the Settlement?

    If you are a member of the Settlement Class but did not want to remain in the Class, you had the option of excluding yourself from the Class. If you excluded yourself, you lost any right to participate in the Settlement, including any right to receive the benefits as outlined in FAQ 7.

    If you decided on this option, you kept any rights you have, if any, against Capital One and/or Amazon and you may file your own lawsuit against Capital One and/or Amazon based upon the same legal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own cost to represent you in that lawsuit. If you exercised this option, you may want to consult an attorney to determine your options.

    IMPORTANT: You are bound by the terms of the Settlement Agreement unless you submitted a timely and signed written request to be excluded from the Settlement. To exclude yourself from the Settlement you must have mailed a “Request for Exclusion,” postmarked no later than July 7, 2022*. The deadline to exclude yourself has now passed.

    * If the Unique ID on your notice begins with "AAA" the deadline to exclude yourself from the settlement is August 22, 2022.

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  21. How do I tell the Court that I like or don’t like the Settlement?

    If you are a Settlement Class Member, you had the right to tell the Court what you thought of the Settlement. You could have objected to the Settlement if you didn’t think it was fair, reasonable, or adequate, and you could have given reasons why you thought the Court should not approve it. You could not ask the Court to order a larger Settlement; the Court can only approve or deny the Settlement as it is.

    To object, you must have sent a written objection stating that you object to the Settlement postmarked no later than July 7, 2022*. The deadline to object has now passed.

    * If the Unique ID on your notice begins with "AAA" the deadline to object to the settlement is August 22, 2022.

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  22. What happens if I do nothing at all?

    If you do nothing, you can still sign up for Identity Defense Services after the Effective date, and access Restoration Services, but will not be entitled to any other benefits provided under the Settlement. If the Settlement becomes final, you will give up your rights to sue Capital One or Amazon separately for claims relating to the Data Breach or to continue to pursue any such claims you have already filed.

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  23. When and where will the Court decide whether to approve the Settlement?

    The Court held the Final Approval Hearing on September 8, 2022, at 2:00 p.m. before the Honorable Anthony J. Trenga, at the United States District Court for the Eastern District of Virginia located in Room 700 of the United States Courthouse, 401 Courthouse Square, Alexandria, Virginia 22314. At that time, the Court considered any objections to the Settlement and any statements in support of the Settlement, and whether to grant final approval to the Settlement. The Order and Judgment Granting Final Approval of Class Action Settlement was granted on September 13, 2022.

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  24. How can I update my contact information?

    If, after you submit a Claim Form, you change your postal or email address, it is your responsibility to inform the Settlement Administrator of your updated information. To update or change your address, please either call 1-855-604-1811 (Toll-Free), or send a letter signed by you that includes your former and current mailing addresses. Then, send the letter to the following address:

    Capital One Data Breach
    Settlement Administrator
    P.O. Box 4518
    Portland, OR 97208–4518

    Please provide your Unique ID from your Notice, or Confirmation Code from your online Claim Form. Please note that updates provided to the Settlement Administrator will only update our database which relates to communications and mailings in conjunction with this Settlement.

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  25. How do I get more information?

    This website and the Notice are only a summary of the lawsuit and the Settlement. For the precise terms and conditions of the Settlement, please see the Settlement Agreement, which can be found along with other court documents on the Documents page. If you have questions about the Settlement you can contact the Settlement Administrator at info@CapitalOneSettlement.com , 1-855-604-1811 (Toll-Free) or by mailing a letter to Capital One Data Breach Class Action Settlement Administrator, P.O. Box 4518, Portland, OR 97208-4518. If you wish to communicate directly with Class Counsel, you may contact them via contact information listed in FAQ 17. You may also seek advice and guidance from your own private lawyer at your own expense, if you wish to do so.

    Please do not contact the Court, its Clerk, Capital One, or Amazon.

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