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Data Privacy

Apr. 23, 2026

Bank says data-sharing claims vary too widely among plaintiffs

Capital One argues class certification is improper in a privacy lawsuit, saying data-sharing claims vary by customer while plaintiffs contend a common question about consent and disclosures should drive the case.

A class cannot be certified in a privacy lawsuit against Capital One because the financial information allegedly shared with third parties varies by plaintiff, the bank's attorneys from Covington & Burling LLP argued in San Francisco federal court.

Andrew J. Soukup for Capital One said in a Tuesday hearing that when judges have certified a class in similar privacy lawsuits, it's almost always been about a "very narrow basket of information" with an affirmativ...

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