Last Updated On 17 July 2026, 5:44 PM EDT (Toronto Time)
A proposed $35 million class action settlement could put up to $25,000 into the hands of Canadians whose personal information was compromised in a massive Capital One data breach.
This data breach settlement, filed in the Supreme Court of British Columbia, covers Canadian residents outside Quebec who applied for or held a Capital One credit card and received a breach notification letter.
Court-appointed notice of the proposed settlement was first published on July 13, 2026, and Canadians now have until September 11, 2026, to decide whether to remain in the class or opt out.
A settlement approval hearing is scheduled for September 22, 2026, at the courthouse at 800 Smithe Street in Vancouver, British Columbia.
Capital One denies all wrongdoing and liability but has agreed to pay the settlement fund to resolve the litigation and avoid the uncertainty of a trial.
Here is everything Canadian consumers need to know about this settlement, including who qualifies, how much they could receive, and the critical deadlines they cannot afford to miss.
Table of Contents
What Exactly Is the Capital One Data Breach Settlement
An unauthorized outside individual gained access to certain types of personal information belonging to Capital One credit card applicants and customers across Canada.
The intrusion occurred between March 12 and April 21, 2019, when a former Amazon Web Services software engineer exploited a misconfigured web application firewall in Capital One’s cloud infrastructure.
The class action alleges that Capital One had inadequate data security measures in place to protect the personal information of its credit card holders during this period.
Capital One sent notification letters to affected customers advising them that their information may have been subject to unauthorized access.
Some Canadian customers had their Social Insurance Numbers compromised, placing them in a higher-risk category under the settlement structure.
The breach affected approximately six million Canadian residents in addition to roughly 100 million individuals in the United States.
Federal authorities in the United States traced the breach to a former AWS engineer who was subsequently convicted on multiple federal charges, including wire fraud.
What Personal Information Was Compromised
The breach exposed a wide range of sensitive personal and financial data belonging to Canadian credit card applicants and customers.
Here is a breakdown of the categories of personal data that were accessed during the unauthorized intrusion.
| Category of Data | Details |
| Personal identifiers | Full names, dates of birth, home addresses, phone numbers, email addresses |
| Financial data | Credit scores, credit limits, account balances, payment histories, transaction records |
| Government-issued numbers | Social Insurance Numbers for a subset of affected Canadians, placing them in the higher-risk SIN Member category |
| Credit card application records | Application details submitted by individual and small-business customers over a multi-year period |
Canadians who received a notification letter from Capital One about the breach is automatically considered a class member under the proposed settlement.
How the $35 Million Canadian Settlement Works
The class action was certified by the Supreme Court of British Columbia on June 3, 2022.
After years of litigation, the parties reached a settlement agreement under which Capital One will pay $35 million into a settlement fund.
After deductions for legal fees, disbursements, taxes, administrative expenses, and a $5,000 honorarium for the named plaintiff, the remaining net settlement fund will be available to pay claims from eligible class members.
Class Counsel will ask the court to approve legal fees of 25% of the $35 million fund, plus disbursements and applicable taxes.
The settlement creates three distinct claim categories, each with its own eligibility criteria and maximum payout.
| Claim Category | Maximum Payout and Conditions |
| Category A: Out-of-Pocket Costs | Up to $25,000 for documented costs fairly traceable to the breach, including credit monitoring, insurance, credit freezes, and unreimbursed losses from identity theft or falsified tax returns |
| Category B: Wasted Time (Non-SIN Members) | $25 per hour for up to 5 hours ($125), plus a $75 top-up payment, for a maximum of $200 per claimant |
| Category B: Wasted Time (SIN Members) | $25 per hour for up to 8 hours ($200), plus a $75 top-up payment, for a maximum of $275 per claimant |
| Category C: Annual Credit Card Fees | Up to $50 for class members who paid an annual credit card fee to Capital One between July 31, 2013, and July 31, 2019 |
Canadians whose Social Insurance Numbers were compromised receive a higher maximum under Category B because of the elevated identity theft risk associated with SIN exposure.
Category A claims require documentation such as receipts, invoices, or bank statements showing expenses directly linked to the data breach.
Class members cannot submit claims until after the court formally approves the settlement at the September 22 hearing.
Who Qualifies for the Canadian Settlement
You are a class member if you meet all of the following criteria.
- You are a Canadian resident living outside the province of Quebec
- You applied for or were issued a Capital One credit card
- You received a letter from Capital One notifying you that your information may have been subject to unauthorized access in the data breach
Within the class, there are three sub-categories that determine which claims you can file.
- SIN Members are those whom Capital One notified that their Social Insurance Number was compromised, qualifying for higher Category B payouts
- Non-SIN Members are those who received a breach notification but whose SIN was not identified as compromised
- Annual Fee Members are those who paid an annual credit card fee to Capital One during the period from July 31, 2013, to July 31, 2019, qualifying for a Category C claim
If you are not sure whether you fall within the class, you can contact the settlement administrator toll-free at 1-888-808-9672 for assistance.
Critical Deadlines Every Class Member Must Know
The proposed settlement operates on a strict timeline with deadlines that cannot be extended.
| Milestone | Date |
| First publication of settlement notice | July 13, 2026 |
| Deadline to opt out or file objections | September 11, 2026 |
| Settlement approval hearing in Vancouver | September 22, 2026 |
| The claims period opens | After court approval (date to be announced) |
Canadians who do nothing will automatically remain in the class and be bound by the terms of the settlement if the court approves it.
Those who wish to preserve their individual right to sue Capital One must submit the opt-out form electronically through the official settlement website before September 11, 2026.
Anyone who opts out will not be eligible for any benefits under the settlement but retains the right to pursue independent legal action against Capital One.
Should You Stay In the Class or Opt Out
This is a decision every affected Canadian must make before the September 11 deadline.
If you stay in the class and the settlement is approved, you will be eligible to file claims under the categories described above and receive compensation from the $35 million fund.
However, you will permanently give up your right to individually sue Capital One for any claims related to the data breach.
If you opt out, you will receive nothing from this settlement, but you retain the right to file your own lawsuit against Capital One.
There is no guarantee that an individual lawsuit would produce a larger recovery, and any independent legal action would involve additional time, expense, and uncertainty.
Most class members who do not have unusually large documented losses will likely benefit more from remaining in the class than from pursuing individual litigation.
Why Quebec Residents Are Excluded From This Settlement
The class definition specifically covers Canadian residents outside the province of Quebec.
Quebec has a separate civil law system and its own class action procedural rules under the Code of Civil Procedure.
Data breach class actions involving Quebec residents are typically filed in the Superior Court of Quebec under that province’s distinct legal framework.
Quebec residents who were affected by the Capital One breach should consult a licensed Quebec attorney to determine whether a separate proceeding exists or may be available in their jurisdiction.
How To File a Claim When the Window Opens
The claims period has not yet opened because the settlement still requires court approval.
If the court approves the settlement at the September 22 hearing, the claims administrator will announce the process and timeline for submitting claim forms.
When the claims window opens, class members will need to submit a claim form to the claims administrator to receive any payment from the settlement fund.
Category A claimants should begin gathering documentation now, including receipts for credit monitoring services, records of unreimbursed fraud losses, invoices for credit freezes, and any other expenses directly traceable to the breach.
Category B claimants will need to attest to the hours they spent responding to the data breach, such as time spent placing fraud alerts, disputing unauthorized transactions, or dealing with identity theft.
Category C claimants who paid annual credit card fees during the eligible period should confirm they have records of those payments.
The settlement administrator can be reached toll-free at 1-888-808-9672 or by email for any questions about eligibility or the claims process.
The Capital One data breach exposed the personal and financial information of approximately six million Canadians, making it one of the largest financial data incidents to affect this country.
A proposed $35 million settlement now offers eligible class members the opportunity to claim up to $25,000 in documented out-of-pocket costs, up to $275 in wasted time compensation for those whose Social Insurance Numbers were compromised, and up to $50 for annual credit card fees.
The settlement has not yet been approved, and the court will make that decision at the September 22, 2026, hearing in Vancouver.
Canadians who believe they are class members should visit the official settlement website at capitalone2019classaction.ca for the latest updates and to review the full settlement documents.
Anyone unsure about their eligibility should contact the settlement administrator at 1-888-808-9672 before the September 11 opt-out deadline passes.
Gathering documentation of breach-related expenses now will put class members in the strongest position to file their claims promptly once the window opens.
Frequently Asked Questions (FAQs)
Can I file a claim right now or do I have to wait until after the September 22 court hearing?
The claims period has not opened yet. You cannot submit a claim form until the Supreme Court of British Columbia approves the settlement at the hearing scheduled for September 22, 2026. Once approved, the claims administrator will announce the process and timeline for submitting claims. Monitor the official settlement website at capitalone2019classaction.ca for updates.
What happens if I do nothing before the September 11 deadline?
If you take no action before September 11, 2026, you will automatically remain a class member and be bound by the terms of the settlement if the court approves it. You will be eligible to file claims when the window opens, but you will permanently give up your right to individually sue Capital One for claims related to the breach.
Does this Canadian settlement have any connection to the $190 million settlement in the United States?
The two settlements are completely separate legal proceedings in different jurisdictions. The $190 million U.S. settlement was approved in 2022 and has completed all monetary distributions. This $35 million Canadian settlement is a distinct class action filed in British Columbia that covers Canadian residents outside Quebec. The two cases arise from the same data breach but operate under different legal systems with independent eligibility, timelines, and payout structures.
How do I know whether my Social Insurance Number was compromised and whether I am a SIN Member or Non-SIN Member?
Capital One sent separate notification letters to individuals whose Social Insurance Numbers were identified as compromised. If your letter specifically stated that your SIN was affected, you are classified as a SIN Member and eligible for up to $275 under Category B. If your notification letter did not mention your SIN, you are a Non-SIN Member eligible for up to $200 under Category B. If you no longer have your original letter, contact the settlement administrator at 1-888-808-9672 to confirm your classification.
Can I claim under all three categories at the same time or do I have to choose one?
The settlement allows eligible class members to submit claims under multiple categories simultaneously. If you incurred documented out-of-pocket costs, spent time responding to the breach, and paid annual credit card fees during the eligible period, you may file claims under Category A, Category B, and Category C together. Each category has its own maximum and its own eligibility requirements, so your total potential recovery depends on which categories apply to your specific situation.
How much could eligible Canadians receive from the Capital One settlement?
Eligible class members could claim up to $25,000 for valid, documented out-of-pocket costs fairly traceable to the breach, including certain identity-theft losses, falsified tax returns and preventive expenses such as credit monitoring or credit freezes. Separate claims may provide up to $275 for wasted time and inconvenience and up to $50 for eligible annual credit card fees. Claims are not open yet because the proposed $35-million settlement must first receive court approval.
Fact-Checked: All settlement details, claim categories, maximum payout amounts, class definitions, deadline dates, and court hearing information in this article have been verified against the official Canadian class action settlement website at capitalone2019classaction.ca, including the Long Form Notice and Frequently Asked Questions published by the court-appointed settlement administrator Verita. The settlement was filed in the Supreme Court of British Columbia with first publication of notice confirmed on July 13, 2026.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Individuals seeking guidance on their eligibility, their decision to opt out, or the claims process should consult a Regulated Canadian Immigration Consultant (RCIC) or a licensed lawyer. Do not contact Capital One or the courts directly for settlement information.
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