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CAPITAL ONE CLASS ACTION




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CAPITAL ONE CLASS ACTION IS CERTIFIED

On June 3, 2022, the Supreme Court of British Columbia certified a national
class action against Capital One, one the largest banks in the United States,
for a cyber-attack in 2019 which resulted in a hacker gaining access to the
confidential information of about six million Canadians including one million
social insurance numbers.

The Class includes all Canadians (except residents of Québec) who applied for or
were issued a Capital One credit card and who were notified by the defendants
that their information was compromised in the Breach.

If your data was compromised in the Breach, then please go to the Charney web
page for the class action and register on the class counsel registration
database.

 Class Counsel are Charney Lawyers PC and Garcha and Company. You can read the
court’s decision below.

2022.06.03 - Justice Iyer, re Campbell v. Capital One Financial Corporation,
06-03 (pdf)
460 KB


THE CYBER SECURITY BREACH

On July 31, 2019, Capital One announced a massive data hack that compromised the
personal data of about 6 million Canadians and corporations and exposed one
million social insurance numbers.  The incident affected about 106 million North
American credit card holders and applicants.

Between March 12 and April 21, 2019, a hacker extracted data from Capital One’s
directories. The hacker gained access to the data through a misconfigured web
application firewall on servers that Capital One rented to store credit card
applications and other personal information.

As a result of the cyber security breach, the personal information of many
Canadian consumers, customers, and small businesses who applied for credit card
products from 2005 to 2019 has been intentionally accessed without their
authorization.

Capital One has confirmed that the compromised data includes Canadian credit
card application data and portions of credit card customer data, including
approximately 1 million Canadian Social Insurance Numbers, credit scores, credit
limits, balances, payment history, contact information, and fragments of
transaction data from a total of 23 days during 2016, 2017 and 2018.



PRESS RELEASE

For the press release, click here: 
https://www.newswire.ca/news-releases/capital-one-privacy-breach-class-action-894138210.html 


CAPITAL ONE FAQ PAGE

For information on the breach released by Capital One, click here: 
https://www.capitalone.ca/facts2019/ 


CAPITAL ONE PRIVACY BREACH CLASS ACTION LAWSUIT

Charney Lawyers PC has commenced a national class action on behalf of all
Canadians and Canadian Corporations who were notified their information was
compromised in the breach described above. The plaintiff asserts that Capital
One failed to adequately protect its customers’ information.


WHAT ADDITIONAL STEPS CAN I TAKE TO PROTECT MYSELF AGAINST FRAUD AND IDENTITY
THEFT?

 1. Find out if your credit card application information was compromised, and if
    you are one of the 1 million people whose Social Insurance Number was
    compromised. You can call Capital One to speak with an agent, or you can
    wait for Capital One to notify you directly. Capital One will be contacting
    those affected by mail or email only. Capital One will not be contacting
    those affected by phone or text.
 2. Order a copy of your credit report from either of the credit bureaus in
    Canada, Equifax or TransUnion Canada. Typically, one report per year is
    free.
 3. Once you receive your reports, review them for suspicious activity, such as
    inquiries from companies you did not contact, accounts you did not open, and
    debts on your accounts that you did not authorize.
 4. Monitor your credit card accounts for unusual or suspicious activity that
    you do not recognize. Set up text or email alerts to keep track of activity
    on your accounts. Check your bank statements, online payment services like
    PayPal, and merchant accounts for unauthorized transactions.
 5. Request either Equifax or TransUnion to place a fraud alert on your credit
    report. The alert will stay for six years with either bureau.
 6. Capital One has stated that it will make free credit monitoring and identity
    theft insurance available to everyone affected. You should consider applying
    for it.
 7. You can ask for a new Social Insurance Number from Service Canada if you can
    prove that your Social Insurance Number was used fraudulently.


IF I ELECT TO APPLY FOR CREDIT MONITORING AND/OR CREDIT INSURANCE OFFERED BY
CAPITAL ONE, WILL THIS IMPACT MY STATUS TO REGISTER FOR THE CLASS ACTION OR
PARTICIPATE IN THE CLASS ACTION?

No, you can still register and participate in the class action.


TRANSUNION’S STATEMENT

For TransUnion’s statement about the breach and online credit monitoring, please
click here: https://www.transunion.ca/capital-one-canada-cyber-incident


IMPORTANT NOTE:

The site is not designed to answer questions about your individual situation or
entitlement. Do not rely upon the information provided on this website as legal
advice in respect of your individual situation nor use it as a substitute for
individual legal advice.

The information collected about potential class members will assist counsel in
prosecuting the class action and assessing what damages were suffered by the
class as a whole. Providing the information requested does not make you the
client of Charney Lawyers. The court will ultimately decide who will be included
as a class member.

This website will be updated from time to time to provide potential class
members with information as it becomes available.

COMMITTED TO EXCELLENCE IN ADVOCACY

T 416 964 7950
A 151 Bloor St W, Suite 602, Toronto, ON M5S 1S4
E info@charneylawyers.com

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