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Capital One Data Leak Impacts 100 Million Consumers - Can You Sue?


In late July, Capital One admitted that a single hacker had bypassed their cybersecurity and firewalls, compromising up to 100 million consumers. The information that could be accessed by the hacker ranges from names and mailing addresses to Social Security numbers and bank account information. Even individual credit card histories could be uncovered by the hacker, depending on how they used the stolen data. Although, Capital One was confident that the hacker did not get access to full credit card numbers or account passwords.

The hacker was able to collect the following:

  • 140,000 Social Security numbers
  • 80,000 bank account numbers
  • 1,000,000 Canadian social insurance numbers

Information revealed dated all the way back to 2005. Essentially, if anyone filled out a credit application, started a new account, or made a financial transaction with Capital One in the last 15 years, it is possible that their data was exposed to some degree.

Can You Sue Capital One for the Data Breach?

Capital One is promising to give its affected users free credit monitoring and identity protection services. But is the bank just trying to put a bandage on a serious wound?

Equifax was hacked similarly in 2017, and it just settled a consumer class action filed against it for a sizeable $650 million. The credit reporting agency was entrusted with confidential consumer information, and it effectively failed that duty by not stopping the prying efforts of a hacker. It is likely that Capital One is trying to deter people from suing them by offering up the free cybersecurity services. In fact, it is highly possible that there is a clause within the cybersecurity agreement offered that prevents the user from filing a lawsuit or joining a consumer class action against Capital One.

At Atlas Consumer Law, we strongly recommend that you do not sign anything from Capital One if you are notified that you were affected by the data breach. Doing so could jeopardize your right to join a consumer class action against the financial institution, which is likely to form soon, if it has not formed already. For more information about your rights as a consumer affected by a data breach due to a corporation’s mishandling of your confidential information, you can call (312) 313-1613 to connect with Atlas Consumer Law in Chicago. Our attorneys are standing by to assist you.