On July 30, 2019, several class actions were filed against Capital One after it revealed it had been the target of a data breach in which 106 million people had their personal information stolen by a hacker who is now facing federal criminal charges. The suits, all brought by Capital One credit card customers, blame the bank for failing to put in place proper security practices for protecting their sensitive information.

The complaints allege that the bank used a digital storage product created by Amazon and built its own web application on top of that, so that Capital One could use the information in ways specific to its needs. The complaints then allege that in recent months, a hacker was able to access Capital One’s data through a misconfiguration of a firewall on Capital One’s web application.

Federal authorities on July 29, 2019 arrested Paige A. Thompson, who also goes under the moniker “erratic,” accusing her of carrying out the hack. According to the criminal complaint charging Thompson with computer fraud and abuse in Washington federal court, she gained access to the data sometime between March and July by compromising Capital One’s servers at a cloud computing company, which we now know is Amazon where she was previously employed. Her residence was searched July 29, 2019 and turned up devices containing evidence related to the Capital One breach, the complaint said.

This blog is intended to provide information to the general public and to practitioners about developments that may impact Oregon class actions.

Sign up to receive Class Actions Blog posts in your inbox!

On December 6, 2011, an employee of Capital One, filed a class action lawsuit in the United States District Court for the District of Maryland, alleging that Capital One illegally obtains background checks in violation of the Fair Credit Reporting Act.  Plaintiff seeks to represent a class of all Capital One employees and job applicants for the past three years.  Plaintiff Smith accuses Capital One of violating the Act in two ways. Continue reading “Capital One faces Fair Credit Reporting Act class action”

A group of consumers have filed a class action lawsuit against credit card giant Capital One claiming the company lures consumers into transferring large balances with promises of interest free money, but engineer the offers’ details to allow the company to charge interest rates exceeding 13%. Continue reading “Capital One faces class action over transfer balance program”