(Update: $282-$707 Payout) Capital One $190 Million Data Breach Class Action Settlement

Update 9/27/23: Payout email went out today of between $282 and $707. Wow! Email subject is: Capital One Settlement – Notice of Upcoming Settlement Payment. Email address is: noreply@epiqpay.com. (ht reader bullmeister)

Short Version

As previously reported, Capital One has agreed to $190 million class settlement over a data breach that affected around 98 million U.S. residents. The agreement provides Identity Defense Services and also Restoration Services to those whose data was breached. It also provides cash payments to those who had actual Out-of-Pocket Losses (e.g. paid for credit freeze) and for Lost Time.

If eligible you would have received a unique ID and PIN to file a claim.

Class Action main link | Submit A Claim | FAQ

Longer Version

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.

Our Verdict

Given that 98 million of us are eligible for this settlement, I’m surprised we haven’t heard more about it from people who got the ID and PIN number to file. In any case, there’s no cash offering here unless you lost actual time/money over a breach which hopefully does not apply to most people. You can get more identity protection services if that interests you.

Hat tip to reader RM
    Chuck
  • On September 27, 2023, 12:00
Tags: capital oneclass action lawsuits

View Comments (404)

  • Got a check in the mail for $34.22 today like the other commenters. Thanks Cap1! You can leak my data any time

  • @6 got another email today: "According to our records, you are eligible to receive a payment of $34.22 in the settlement for the matter entitled In re: Capital One Inc. Customer Data Security Breach Litigation, MDL No. 1:19-md-2915." so more money?

    • Same here, this is because they had leftover money after paying all the lawyers and fees.

      “Pursuant to the terms of the settlement in the matter entitled In re: Capital One Inc. Customer Data Security Breach Litigation, MDL No. 1:19-md-2915, you are eligible to receive a payment of $34.22 This payment is your share of the money remaining in the Settlement Fund, after all other expenses were paid, and based on your acceptance of the initial payment made to you in 2023.”.

  • I didn't get a 1099-MISC in mail yet for this for some reason so to report on tax return I just see the amount capital one deposited and put it under other income on tax return?

    • No. The full amount is not considered taxable. You'll need to call the settlement administrators.

  • Finally got my 1099-MISC in the mail today. Curiously, box 3 is listed as a few hundred less than the payout amount I received. ¯\\_(ツ)_/¯

    • the amount related to expenses you claimed for reimbursment was deducted from the overall payment and the excess listed on the 1099-Misc. It's not epiq's first rodeo handling class action payouts.

      • That makes sense! Thanks for the explanation. This is why I wanted the form and not just throw a number in my tax filing.

        • I was not asked to fill out a W9. Still have not gotten a 1099MISC. I haven't filed my taxes yet. I'll wait another week or so.

    • Before you got the settlement payment did they ask you for your social security number or have you fill out a W9? I assume they have that info from our credit card accounts.

    • Before you got the settlement payment did they ask you for your social security number? Did you have to fill out a W9? They didn't ask me, although I assume they have the info from my credit card account.

  • called cap 1 and a rep said that 1099s were sent out Jan 31 and to allow up to 3 weeks for delivery. Asked for a digital copy to hedge my bets as (their arbitrary deadline of) Feb 21 is only two days away. this whole operation is just ass 🙄

  • Now that it's almost the end of January, has anyone received a tax form for this settlement payment?

    • Came here to say the same. Since today is Jan 31 for us folks that were given the $707.31 (and we weren't asked before payout to fill out a tax form, unlike those that got bigger amounts) it's safe to say will not be getting a 1099.

        • can you tell me the payor's name on the 1099-misc form? I didn't get one but I plan to report it anyway and i just need that info. Not sure if it is the same as capital one or not

      • They have until Feb 15 to mail out 1099-MISCs to us. I'd wait until the end of the month to be sure

  • Wow just got the check today for $707.31 Thank you for alerting us and glad justice was served and people made as whole as can be. @chuck @will

  • Emailed administrator and was told check was mailed first class usps on Oct 31,2023 via Portland. I have not received the paper check nor informed delivery as of today. Ummm sending to EU is quicker than domestic??? Seems fishy for those with paper check distribution via USPS. We need a secure method as it looks like many of us are in the same boat . A batch seems to be “ floating somewhere between pacific NW and East Coast” :(

  • USPS informed delivery showed an envelope from Capital One settlement arriving today in my mailbox. I check the mail, I got everything else but that one envelope. Looks like it got stolen by USPS delivery. Settlement checks are prime candidates for in house mail theft since no one is expecting them. I reported to USPS but I don't think anything will happen. Keep an eye on your USPS informed delivery.

    • In informed delivery, I see the stamp on the envelope for Oct 31. Everything else from Informed Delivery gets delivered for weeks before and weeks after, even advertising flyers. Just one envelope goes magically missing. Based on the probabability of that happening, I am quite certain it was stolen by postal delivery worker. If it is already not cashed, it will be sold on the internet and then cashed in some obscure town with a fake ID.

    • Called the settlement line and it was confirmed that my check was mailed out Oct 31. A week later and I haven't received it. Also, in my case, it hasn't showed up on informed delivery.

      • Hi! I still have not received my check nor informed delivery. I was also informed mine was mailed on Oct 31st. I am in Chicago and have never experienced domestic mail taking this long. Have you received any info?
        Thank you

          • Sally,
            Thank you for sharing. Thank God yours arrived … that gives me some relief.
            I filed inquiry with USPS because I didn’t receive my check. I also had to request a reissue via administrators . SMH . Praying that goes smooth and I recieve in the coming weeks . Happy Holidays!

    • I had the exact same issue, weird that it's happening to multiple people. i had everything except teh capital one mail

    • lets calm down there before accusing the post office of stealing LOL. informed delivery is a scan during the sorting of the mail. they estimate when it'll get to you and add it to your email image list for that day... plus mail doesnt get delivered on sunday homie.

Leave a Comment