Capital One Sued Over Consumer-Data Disclosures to Meta, Google

Capital One Financial Corp. is facing a proposed class action alleging the financial giant disclosed the personal and financial information of millions of consumers to Meta Platforms Inc., Google LLC, Microsoft Corp., and other third parties without their consent in violation of state and federal privacy laws.

Vishal Shah and three other named plaintiffs accused Capital One of “knowingly and secretly” installing online tracking tools from third-party software providers and data-analytics companies on its website, allowing those third parties to collect information arising from consumer visits there.

Data allegedly disclosed to the third parties included information arising from consumers’ interactions with the website, information about bank and credit card accounts, information disclosed on credit card application forms, and employment information, according to the complaint filed Monday in the US District Court for the Northern District of California.

Other third parties identified in the complaint included DoubleClick Inc., NewRelic Inc., Adobe Inc., Everest Technologies Inc., Kenshoo Ltd., Snowplow Analytics Ltd., BioCatch Inc., and Tealium Inc.

No third party is named as a defendant.

Meta’s Facebook and the others used the information for their own purposes, including for marketing and advertising, and made further disclosures to other third parties “who will profit off of the use of that information,” the complaint said.

The plaintiffs seek to represent a nationwide class and a California subclass of people whose information was disclosed by Capital One without their consent.

The complaint alleges negligence, negligence per se, invasion of privacy, breach of express contract, breach of implied contract, unjust enrichment, bailment, breach of confidence, declaratory judgment, and violations of the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, the California Comprehensive Computer Data Access and Fraud Act, the Consumer Protection Law, the Consumer Privacy Act, the Customer Records Act, and the Invasion of Privacy Act.

The plaintiffs are seeking actual, compensatory, statutory, and punitive damages; three years of credit-monitoring services for class members; restitution and disgorgement; attorneys’ fees and costs; and pre- and post-judgment interest.

Cohen & Malad LLP; Stranch, Jennings & Garvey PLLC; and Strauss Borrelli PLLC represent the plaintiffs and the proposed class.

The case is Shah v. Cap. One Fin. Corp., N.D. Cal., No. 3:24-cv-05985, complaint filed 8/26/24.