Murphy Falcon & Murphy File Class Action Against Capital One — PRESS RELEASE


Class Action Filed Against Capital One On Behalf of Consumers Whose Personal Information Was Unlawfully Accessed From Capital One’s Electronic Data Storage

Zach McDaniels
(410) 539-6500

Murphy, Falcon & Murphy and Morgan & Morgan’s Complex Litigation Group filed a class action lawsuit against Capital One on behalf of hundreds of thousands of consumers whose personal information, including social security numbers, birth dates, and addresses, were compromised for unauthorized use. The Capital One data breach occurred in March and April, 2019, and was allegedly discovered in July, 2019.

The FBI investigation of the data breach at Capital One has revealed the unauthorized acquisition  of personal identifying information involving massive numbers of Capital One customers. For many customers it appears that their names, social security numbers, addresses, and dates of birth have been accessed without the authority or consent of those customers. The massive data breach has caused those customers considerable worry and anxiety, as well as risk of imminent financial loss, and long term harm to their credit ratings.

It is apparent that Capital One’s commitment to its customers’ privacy and security of privileged customer information was inadequate. The pervasiveness of the breach of customer data could only have occurred without competent, thorough, and routinized testing by Capital One of its policies and cyber security mechanisms to ensure the privacy of its millions of customers. Financial institutions such as Capital One are the favored targets of a broad array of cyber threats ranging from professional cyber criminals to amateur hackers. It was well known by Capital One that it could be a target of a cybercrime which would expose millions of its customers confidential information in the process. Even as numerous other financial institutions, health care systems, and various other private and public agencies have been targeted and attacked by cyber criminals Capital One failed to honor its commitment and obligation to its customers to ensure that their confidential personal information was protected from being compromised.

John Harnishfeger of Murphy, Falcon & Murphy said today, “The failure of Capital One to ensure its customers’ privacy is appalling.  Capital One’s customers had the absolute right to expect that Capital One would fulfill its legal obligation and its promise to safeguard and protect its customers’ most sensitive personal financial information which did not happen.  Instead, Capital One customers have now been exposed to financial harm because of this data breach,”  Harnishfeger said.

“Consumers must be able to rely on the safety of their sensitive personal data and that the financial institutions that they choose to serve them will commit the necessary resources to protect them. Capital One not only breached its obligation to protect the information of its customers but it has also breached their trust at tremendous cost. The breadth of Capital One’s failure which may reach hundreds of thousands of consumers is particularly stunning and demonstrates a lack of concern about its customers’ privacy, while failing to appreciate the security requirements of any business that manages sensitive personal electronic data. Thousands of Capital One customers relied on Capital One to safeguard their personal information as Capital One had promised to do. Regrettably, it appears that Capital One betrayed the confidence of its customers and failed woefully to ensure their customers’ privacy,” John Yanchunis of Morgan & Morgan added.

About Hassan Murphy & Murphy, Falcon & Murphy, P.A.

Hassan Murphy is currently a member of the Plaintiffs’ Steering Committee in In Re: Equifax, Inc., which is responsible for prosecuting the nationwide consumer data breach litigation against Equifax, Inc.  Recently, Murphy, Falcon & Murphy, P.A. filed the first class action lawsuit against Marriott International, Inc., for its data breach, which affects 500 million consumers. 

 Murphy, Falcon & Murphy, P.A. is a Baltimore based law firm which specializes in complex civil litigation. The firm has a history of unrelenting dedication to its clients in Baltimore and across the country. The firm’s seasoned trial lawyers have extensive experience in a wide variety of cases with success rates that far surpass national averages and are known for formulating creative approaches to complex litigation. The firm’s dedication to its clients and their cases has resulted in the recovery of hundreds of millions of dollars by verdicts and settlements for the firm’s clients. The firm’s attorneys have won some of the largest verdicts in high profile, high stakes cases in some of the toughest jurisdictions around the country. Learn more at

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