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Data BreachOntario, British Columbia, Alberta, Saskatchewan, Manitoba, Atlantic Canada, Territories, Canada-wide (Except Quebec)Last updated

Capital One 2019 Data Breach Class Action

Reviewed by Marty Mikhail, lawyer licensed by the Law Society of OntarioLast verified  How we verify

Status

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Approval hearing

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About this claim

If you are a Canadian resident outside Quebec who applied for or held a Capital One credit card and got a letter saying your information may have been affected by the 2019 data breach, you may be eligible for cash payments once the settlement is approved.

See the questions the eligibility checker asks

The checker asks these questions. Use the Check Eligibility button to answer them and see a result.

  1. Are you a Canadian resident outside of Quebec?
  2. Did you apply for or were you issued a Capital One credit card?
  3. Did you receive a letter from Capital One saying your information may have been subject to unauthorized access in the data breach?
  4. Are you still included in this class action, meaning you did not opt out?If you never filed an Opt-Out Form, answer Yes.
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A class action was filed in the Supreme Court of British Columbia against Capital One over a 2019 incident in which an outside individual gained unauthorized access to personal and other information of Capital One credit card applicants and customers in Canada. The court certified the case as a class action on June 3, 2022. Capital One denies that it did anything wrong or broke any laws.

The parties have now reached a proposed settlement under which Capital One would pay $35,000,000 into a settlement fund to resolve the claims, cover legal fees and disbursements, and pay administration costs. The settlement must still be approved by the court at a hearing before it takes effect, and no claims can be filed until after it is approved.

Claim types

This case covers more than one type of claim. Each has its own payment, proof requirements, and eligibility. Review the type that applies to you.

Category A - Out-of-Pocket Costs

For class members who had out-of-pocket costs fairly traceable to the data breach, including preventative measures like credit monitoring, insurance or credit freezes, and unreimbursed losses from identity theft, falsified tax returns or other alleged wrongdoing.

Payment: $25,000 maximum

Proof: Documents required

Who qualifies

  • Incurred out-of-pocket costs fairly traceable to the Data Breach

Category B - Wasted Time and Inconvenience

For class members who spent time responding to the data breach. Payment is $25 per hour, with limits that depend on whether your Social Insurance Number was compromised.

Payment: $200 maximum for non-SIN members and $275 maximum for SIN members

Proof: No proof needed

Who qualifies

  • Spent time responding to the Data Breach
  • Non-SIN members may claim to a maximum of 5 hours ($125); SIN members to a maximum of 8 hours ($200), plus a $75 top-up payment

Category C - Annual Credit Card Fees

For Annual Fee Class Members who paid an annual credit card fee to Capital One during the period July 31, 2013 to July 31, 2019.

Payment: $50 maximum

Proof: No proof needed

Who qualifies

  • Paid an annual credit card fee to Capital One between July 31, 2013 and July 31, 2019

Claim Administrator

Proposed Settlement Documents

Opting out

The deadline to opt out was and has passed. Opting out is no longer available. Class members who did not opt out remain in the class and are bound by the outcome.

Frequently Asked Questions

What stage is this settlement at?

The case was certified as a class action on June 3, 2022, and the parties have reached a proposed settlement. The settlement still has to be approved by the British Columbia Supreme Court before it becomes final and before any claims can be made.

When is the approval hearing?

The court has scheduled the settlement approval hearing for September 22, 2026 at the courthouse at 800 Smithe Street, Vancouver, British Columbia. Class members may attend virtually but are not required to do so.

What do I need to do right now?

If you want to stay in the class, you do not need to do anything at this stage. You cannot file a claim until after the settlement is approved and the claims period opens, so you should check www.capitalone2019classaction.ca for updates.

How much could I receive?

If the settlement is approved, you may claim out-of-pocket costs fairly traceable to the breach to a maximum of $25,000, wasted-time payments to a maximum of $200 for non-SIN members or $275 for SIN members, and annual credit card fee refunds to a maximum of $50. You can claim in every category you qualify for.

Can I opt out or object to the settlement?

The deadline to opt out was September 11, 2026 and has passed. Opting out is no longer available. Class members who did not opt out remain in the class and are bound by the outcome.

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Claim.ca is an information platform and is not counsel on these proceedings; Marty Mikhail and Lemonade Law™ are not counsel on them unless stated. This tracker is for information; registering keeps you updated and does not create a lawyer client relationship. Claim details, deadlines, and eligibility criteria are drawn from public sources and may change without notice; Claim.ca makes no representations as to their accuracy or completeness and, to the fullest extent permitted by law, accepts no liability for any loss arising from reliance on this tracker, including missed claim deadlines. Always verify against the official settlement notice.

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