Capital One Illegally Shared Website Visitors’ Private Info with Third Parties, Class Action Lawsuit Says
Shah et al. v. Capital One Financial Corporation
Filed: August 26, 2024 ◆§ 3:24-cv-05985
A class action alleges Capital One illegally tracked, shared and monetized website users’ private information without their knowledge or consent.
Electronic Communications Privacy Act of 1986 California Business and Professions Code California Invasion of Privacy Act California Consumer Privacy Act California Comprehensive Computer Data Access and Fraud Act Computer Fraud and Abuse Act California Consumer Records Act
California
A proposed class action lawsuit alleges Capital One illegally tracked, shared and monetized website users’ private information without their knowledge or consent.
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According to the 99-page lawsuit, CapitalOne.com has used invisible tracking tools to collect data about consumers and transmit it to third parties that have “nothing to do” with the bank or its services, including Facebook, Google, DoubleClick, NewRelic, Adobe, Everest, Skai/Kenshoo, Snowplow, BioCatch, Tealium and possibly others.
“Upon information and belief, Capital One utilized data from trackers to improve and to save costs on its marketing campaigns, improve its data analytics, attract new customers, and generate sales,” the case says.
In addition, the suit claims third parties have exploited consumers’ sensitive data for targeted advertising purposes and further disclosed this information to fourth parties, who have also capitalized on it.
The complaint explains that the technology embedded in CapitalOne.com was programmed to track visitors’ interactions with the site and record events like which webpages they view, what buttons they click and any information they input. The filing contends that by collecting and sharing this data, Capital One has exposed information regarding consumers’ bank accounts, employment, citizenship status, customer status and eligibility, and pre-approval or approval for credit cards.
The trackers also transmit visitors’ IP addresses and other personally identifiable information, the Capital One data-sharing lawsuit says. For instance, Facebook’s tracking tool, the Meta pixel, captures Facebook IDs, which are unique identifiers that can be used to locate an individual’s social media profile, the complaint explains.
Per the filing, Capital One has used tracking technologies on its website since at least November 30, 2023, and at least as recently as June 24, 2024. At no time did the defendant inform customers that their personal and financial data was being transmitted to third parties, the case alleges.
The complaint—filed by four California consumers who say they expected their online communications with Capital One to remain confidential—argues that the bank has violated state and federal laws and acted in “reckless disregard” for the privacy of its customers.
The lawsuit looks to represent anyone in the United States whose personal and financial information was disclosed by Capital One to third parties without authorization through tracking technology on CapitalOne.com.
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