This is a Court approved Legal Notice.
In re: Capital One Inc. Customer Data Security Breach Litigation,
MDL No. 1:19md2915 (AJT/JFA)

CAPITAL ONE DATA BREACH
CLASS ACTION SETTLEMENTIF YOUR INFORMATION WAS ACCESSED IN THE 2019 CAPITALONE DATA BREACH, YOU ARE ELIGIBLE FOR BENEFITS FROM A
CLASS ACTION SETTLEMENT
A class action settlement has been proposed in a case against Capital One Financial Corporation,
Capital One, N.A., and Capital One Bank (USA), N.A. (“Capital One”), and against Amazon.com,
Inc., and Amazon Web Services, Inc. (“Amazon”) (together “Defendants”), relating to a data breachthat Capital One announced in July 2019 (the “Data Breach”). If you are a Settlement Class Member,there will be benefits available to you from the proposed settlement. The easiest way to submit aclaim under the settlement is online at www.CapitalOneSettlement.com. If you are unsure ofwhether you are eligible for benefits, visit the website or call 1-855-604-1811.
In addition to other benefits, the proposed settlement requires Capital One to establish a “Settlement
Fund” of $190 million. The settlement relief includes:▪

Cash Payment for Out-of-Pocket Losses: The Settlement Fund will be used to reimburse verifiable
unreimbursed costs or expenditures that a Settlement Class Member actually incurred and believes
are fairly traceable to the Data Breach. This includes costs incurred as a result of identity theft or
identity fraud, falsified tax returns, or other alleged misuse of a Settlement Class Member’s
personal information; and costs incurred on or after March 22, 2019 associated with placing or
removing a credit freeze on a credit file, obtaining credit reports, credit monitoring or otherproducts related to detection or remediation of identity theft, and other related miscellaneous
expenses such as notary, fax, postage, copying, mileage, and long-distance telephone charges(“Out-of-Pocket Losses”).

▪

Cash Payment for Lost Time: The Settlement Fund will be used to reimburse for time spent
remedying fraud, identity theft, or other misuse of a Settlement Class Member’s personal
information that he or she believes is fairly traceable to the Data Breach, and for time spent taking
preventative measures to avoid losses relating to the Data Breach (“Lost Time”). Lost Timerelated to a qualifying claim for Out-of-Pocket Losses may be supported by a certification for up
to 15 hours. Lost Time not related to a qualifying claim for Out-of-Pocket Losses may besupported by a certification for up to 5 hours. The “Reimbursement Rate” for Lost Time shall be
the greater of $25 per hour or, if the Settlement Class Member took time off work, the Settlement
Class Member’s documented hourly wage.

▪

Identity Defense Services: All Settlement Class Members are eligible to enroll in at least three (3)years of Identity Defense Services offered at no cost through Pango. The services include dark
web monitoring for your personal information, identity monitoring with authentication alerts, lost
wallet protection, security freeze capability, a $1 million identity theft insurance policy with no
deductible, and other features discussed below (“Identity Defense Services”). If a Settlement
Class Member’s Social Security number or linked bank account number was accessed in the Data
Breach, their Identity Defense Services will also include Three-Bureau Credit Monitoring with
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811

instant alerts and a monthly credit score. You can make a claim for both cash payments and
Identity Defense Services.
▪

Restoration Services: All Settlement Class Members (regardless of whether they enroll in Identity
Defense Services or submit a claim for Out-of-Pocket Losses or Lost Time) will be entitled toutilize Restoration Services offered through Pango for a period of at least three (3) years(“Restoration Services”). This coverage is a separate benefit and permits all Settlement Class
Members to have access to U.S.-based fraud resolution specialists who can assist with importanttasks such as placing fraud alerts with the credit bureaus, disputing inaccurate information on
credit reports, scheduling calls with creditors and other service providers, and working with law
enforcement and government agencies to dispute fraudulent information.

▪

Capital One Business Practices Changes: Capital One has agreed to implement and/or maintaincertain business practices changes relating to its information security program. A description of
those Business Practices Changes are available on the settlement website.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENTDEADLINE

File a claim for
Out-of-Pocket
Losses or
Lost TimeYou must submit a claim in order to receive
reimbursement for Out-of-Pocket Losses and/or Lost
Time under the settlement.
For more detailed information, see Question 7.

September 30,
2022

File a claim
for Identity
DefenseServices

You must take action in order to receive the free Identity
Defense Services offered under the settlement. To
maximize protection provided by this service, you should
file a claim by September 30, 2022. You may also enroll
later at any time the service is active (at least 3 years).
For more detailed information, see Question 8.

September 30,
2022

Access to
Restoration
Services

You may access Restoration Services after the settlement
becomes final, whether or not you make a claim under thesettlement.
For more detailed information, see Question 9.

No deadline.
Services will beavailable for atleast 3 years.

You can exclude yourself from the settlement by
Excludeinforming the Settlement Administrator that you want toyourself fromthe settlement “opt-out” of the settlement. If the settlement becomes
final, this is the only option that allows you to retain yourrights to separately sue Capital One or Amazon for claims
related to the Data Breach. If you opt-out, you may not
make a claim for benefits under the settlement.
For more detailed information, see Question 19.

July 7, 2022

You may object to the settlement by writing to explain to
Object or
the Court why you don’t think the settlement should becomment on
the settlement approved. If you object, you will remain a Settlement
Class Member, and if the settlement is approved, you will
be eligible for the benefits of the settlement and give up
your right to sue Capital One or Amazon on certain
claims described in the Settlement Agreement, which isavailable at www.CapitalOneSettlement.com.
For more detailed information, see Question 20.

July 7, 2022

Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811
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Do nothing

If you do nothing, you can still sign up for Identity
Defense Services after the Effective date, and access
Restoration Services, but will not be entitled to any otherbenefits provided under the settlement. If the settlement
becomes final, you will give up your rights to sue Capital
One or Amazon separately for claims relating to the Data
Breach or to continue to pursue any such claims you havealready filed.

WHAT THIS NOTICE CONTAINSBASIC INFORMATION AND OVERVIEW …………………………………………………………………….……..4
1. What is this notice, and why did I get it?
2. What is this lawsuit about?
3. Why is this a class action?
4. Why is there a settlement?
WHO IS PART OF THE SETTLEMENT…………….……………………………………………………………..…...5
5. How do I know if I am part of the settlement?
THE SETTLEMENT BENEFITS………..…………………………………………………………………………..…...5
6. What does the settlement provide?
7. How will the settlement compensate me for identity theft I have already suffered or money I
have already paid to protect myself?
8. How will the settlement help protect me against future identity theft and fraud?
9. How will the settlement help me deal with identity theft or fraud if it happens?
10. Will the settlement include changes to Capital One’s data security program?
11. What happens if there are leftover settlement funds?
12. What happens if the Settlement Fund runs out of money?
HOW TO GET SETTLEMENT BENEFITS………………..…….……………………………………………………..8
13. How do I file a claim for Identity Defense Services, Out-of-Pocket Losses, or Lost Time?
14. When and how will I receive the benefits I claim from the settlement?
LEGAL RIGHTS RESOLVED THROUGH THE SETTLEMENT….…………………………………………..……915. What am I giving up to stay in the settlement class?
THE LAWYERS REPRESENTING YOU.…………………………………………………………………………..….916. Do I have a lawyer in this case?
17. How will these lawyers be paid?
18. Will the class representatives receive any additional money?
EXCLUDING YOURSELF FROM THE SETTLEMENT……….……………………………………………….…10
19. How do I exclude myself from the settlement?
OBJECTING OR COMMENTING ON THE SETTLEMENT.….……………………………………………….…11
20. How do I tell the Court that I like or don’t like the settlement?
GETTING MORE INFORMATION…………………………………………………………………………………….12
21. Where can I get more information?
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811
3

BASIC INFORMATION AND OVERVIEW
1. What is this notice, and why did I get it?
A Court authorized this notice to inform you how you may be affected by this proposed settlement.
This notice describes the lawsuit, the general terms of the proposed settlement and what it may mean
to you. This notice also explains how to participate in, or exclude yourself from, the settlement if yourinformation was accessed in the Capital One Data Breach.
For information on how to determine if you are a Settlement Class Member, and therefore eligible forbenefits under this settlement, see Question 5.
2. What is this lawsuit about?
In July 2019, Capital One announced that it had been the victim of a criminal cyberattack on its
systems. The attacker gained unauthorized access to the personal information of approximately 98
million U.S. consumers. The specific information accessed for each person included somecombination of people’s names, addresses, zip codes/postal codes, phone numbers, email addresses,
dates of birth, self-reported income, credit scores, credit limits, balances, payment history, contact
data, and/or fragments of transaction data from a total of 23 days during 2016, 2017 and 2018. In
addition, about 120,000 Social Security numbers and 80,000 linked bank account numbers wereaccessed.
Numerous lawsuits were brought on behalf of consumers whose personal information was accessed
as a result of the Data Breach. Judge Anthony J. Trenga of the U.S. District Court for the Eastern
District of Virginia is overseeing these lawsuits. These lawsuits are known as In re: Capital One Inc.
Customer Data Security Breach Litigation, MDL No. 1:19md2915 (AJT/JFA). The consumers who
sued are called the “Plaintiffs.” Capital One and Amazon are the “Defendants.” Plaintiffs claim that
Defendants did not adequately protect consumers’ personal information. The most recent version of
the lawsuit, which describes the specific legal claims alleged by the Plaintiffs, is available at
www.CapitalOneSettlement.com. Defendants denied any wrongdoing and denied that the
information accessed by the attacker had been made public or disseminated by the attacker. No court
or other judicial entity has made any judgment or other determination of any wrongdoing by Capital
One or Amazon.
3. Why is this a class action?
In a class action, one or more people called “class representatives” sue on behalf of themselves andother people with similar claims. All of these people together are the “class” or “class members.”
Because this is a class action settlement, even persons who did not file their own lawsuit can obtainbenefits provided under the settlement, except for those individuals who exclude themselves from thesettlement class by the deadline.
4. Why is there a settlement?
The Court has not decided in favor of Plaintiffs or Defendants. Instead, both sides agreed to asettlement after a lengthy mediation process overseen by a neutral mediator. Settlements avoid thecosts and uncertainty of a trial and related appeals, while more quickly providing benefits to membersof the settlement class. The class representatives appointed to represent the class and the attorneys for
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-18114

the settlement class (“Class Counsel,” see Question 16) believe that the settlement is in the bestinterests of the Settlement Class Members.

WHO IS PART OF THE SETTLEMENT
5. How do I know if I am part of the settlement?
You are a Settlement Class Member if you are among the approximately 98 million U.S. residents
identified by Capital One whose information was accessed in the Capital One Data Breach. All
identified Class Members were emailed or mailed notice of the proposed Settlement, so if you
received a notice, you are a likely member of the Settlement Class.
You can also confirm you are a Settlement Class Member, and eligible for benefits, by:•Visiting the secure web page https://www.CapitalOneSettlement.com; or•Calling 1-855-604-1811.

Excluded from the settlement are:•

Officers and directors of Capital One and Amazon;•

The presiding judge and any judicial staff involved in the lawsuit; and•Any Class Member who opts-out (see Question 19).

THE SETTLEMENT BENEFITS
6. What does the settlement provide?
Capital One will pay $190,000,000 into a Settlement Fund. The Settlement Fund will be used to:•Make cash payments for Out-of-Pocket Losses and Lost Time (see Question 7);•

Purchase Identity Defense Services (see Question 8);•

Purchase Restoration Services for all Settlement Class Members, regardless of whether they
make a claim (see Question 9);•

Pay the costs of notifying Settlement Class Members and administering the Settlement;•

Pay service awards to Settlement Class Representatives and any other Settlement Class
Member who was deposed in the action, as approved by the Court (see Question 18);•

Pay attorneys’ fees, costs, and expenses, as approved by the Court (see Question 17).

Capital One has also agreed to implement and/or maintain certain business practices relating to its
information security program (see Question 10). A description of these business practices
commitments is available in the Settlement Agreement, which is available at
www.CapitalOneSettlement.com.
7. How will the settlement compensate me for identity theft I have already suffered ormoney I have already paid to protect myself?
Settlement Benefit: Payment for Unreimbursed Out-of-Pocket Losses: If you spent money to deal
with fraud or identity theft that you believe was fairly traceable to the Data Breach, or to protect
yourself from future harm as a result of the Data Breach, then you can submit a claim for
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-18115

reimbursement up to $25,000 (including your claim for Lost Time). Out-of-Pocket Losses that are
eligible for reimbursement may include, without limitation, the following:•

Money spent on or after March 22, 2019, associated with placing or removing a security freeze
on your credit report with any credit reporting agency;•

Money spent on credit monitoring or identity theft protection on or after March 22, 2019;•

Unreimbursed costs, expenses, losses or charges you paid on or after March 22, 2019, becauseof identity theft or identity fraud, falsified tax returns, or other alleged misuse of your personal
information that you believe was fairly traceable to the Data Breach;•

Other miscellaneous expenses related to any Out-Of-Pocket Loss that you believe were fairly
traceable to the Data Breach such as notary, fax, postage, copying, mileage, and long-distance
telephone charges; and•Professional fees incurred in connection with addressing identity theft, fraud, or falsified tax
returns that you believe was fairly traceable to the Data Breach.

This list provides examples only, and other losses or costs that you believe are fairly traceable to the
Data Breach may also be eligible for reimbursement.
To claim reimbursement for Out-of-Pocket Losses, you must also provide “Reasonable
Documentation.” Reasonable Documentation means documentation supporting your claim,
including, but not limited, to credit card statements, bank statements, invoices, telephone records, andreceipts. Except as expressly provided in this notice, personal certifications, declarations, or affidavits
from the claimant do not constitute Reasonable Documentation but may be included to provide
clarification, context or support for other submitted Reasonable Documentation.
The Settlement Administrator will decide if your claim for Out-of-Pocket Losses is valid. Only valid
claims will be paid. The deadline to file a claim for Out-of-Pocket Losses is September 30, 2022.
Settlement Benefit: Cash Payment for Lost Time: If you spent time (i) remedying fraud, identity
theft, or other alleged misuse of your personal information that you believe is fairly traceable to the
Data Breach, or (ii) taking preventative measures (time placing or removing security freezes on yourcredit report, or purchasing credit monitoring or identity protection) on or after March 22, 2019, thenyou may make a claim for reimbursement for Lost Time at a Reimbursement Rate of the greater of$25 per hour or, if you took time off work, your documented hourly wage.
For Lost Time related to qualifying Out-of-Pocket Losses, you may receive reimbursement for up to
15 hours at your Reimbursement Rate. For Lost Time not related to qualifying Out-of-Pocket Losses(“Self-Certified Time”), you may receive reimbursement for up to 5 hours at the Reimbursement
Rate. To make a claim for Lost Time, you must provide a description of (i) the actions taken in
response to the Data Breach in dealing with misuse of your information or taking preventative
measures and (ii) the time associated with those actions. You must certify that the description istruthful. Valid claims for Lost Time will be reimbursed in 15-minute increments.
The deadline to file a claim for Lost Time is September 30, 2022.
8. How will the settlement help protect me against future identity theft and fraud?
Settlement Benefit: Identity Defense Services: The settlement provides a way to help protect
yourself from unauthorized use of your personal information. Settlement Class Members may submit
a claim to enroll in at least three (3) years of Identity Defense Services, provided through Pango, at
no cost. These services include the following features:
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811
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•

Dark web monitoring for your Social Security number, date of birth, address, driver’s license
number, passport number, payment cards, email addresses, and other information;•

Identity monitoring with authentication alerts;•

Lost wallet protection;•

Security freeze capability in multiple categories: Credit–-Experian, Equifax, TransUnion andInnovis; Specialty Finance—Sage Stream, Clarity DATAX and CoreLogic; Closed Checking
and Savings accounts—Chex Systems; Utilities—NCTUE;•$1 million in no-deductible insurance provided by a third-party insurer to cover certain costs
related to identity theft or fraud;•

U.S.-based customer support specially trained in identity theft and fraud discovery andremediation; and•Insight & Tips for members on the user dashboard.

If your Social Security number or linked bank account number was accessed in the Data Breach, yourIdentity Defense Services will also include:•

Three-bureau Credit Monitoring with instant alerts; and•A Monthly Credit Score.

To maximize protection offered by this service, you should make a claim for Identity Defense
Services by September 30, 2022. You may later enroll in the free Identity Defense Services at
any time while the service is active, which will be at least 3 years. Free Identity Defense Services
will end on the same date regardless of when you enroll. The term of the Identity Defense Services
may be extended if there are funds remaining in the Settlement Fund after the payment of all otherbenefits and costs provided by the settlement. See Question 11.
If you submit a valid claim form and elect to enroll in Identity Defense Services, you will receiveenrollment instructions by email after approval of the settlement. You may make a claim for both
reimbursement for Out-of-Pocket Losses and/or Lost Time and Identity Defense Services.
9. How will the settlement help me deal with identity theft or fraud if it happens?
Settlement Benefit: Free Restoration Services: All Settlement Class Members, even those who do
not enroll in Identity Defense Services or do not submit a claim, will be entitled to utilize Restoration
Services offered through Pango. This coverage is a separate benefit and provides all Settlement Class
Members access to U.S.-based fraud resolution specialists who can assist with important tasks such as
placing fraud alerts with the credit bureaus, disputing inaccurate information on credit reports,scheduling calls with creditors and other service providers, and working with law enforcement andgovernment agencies to dispute fraudulent information. All Settlement Class Members may accessthese free Restoration Services after the settlement becomes final, even if you never make a claim fromthis settlement, by going to www.CapitalOneSettlement.com, or calling toll free 1-855-604-1811.
10. Will the settlement include changes to Capital One’s data security program?
Settlement Benefit: Data Security Business Practices Commitments by Capital One: Capital One
has agreed to adopt, pay for, implement, and maintain extensive Business Practices Commitments
related to information security for a period of at least two (2) years. A description of these Business
Practices Commitments is available in the Settlement Agreement, which is available at
www.CapitalOneSettlement.com.
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-18117

11. What happens if there are leftover settlement funds?
The Settlement Fund will be used to pay claims for Out-of-Pocket Losses and Lost Time, for Identity
Defense Services and Restoration Services, and for administrative and notice costs, and for service
awards for Settlement Class Representatives and any other Settlement Class Member deposed in thecase and attorneys’ fees, costs, and expenses as approved by the Court.
•

If settlement funds still remain after these payments, up to two (2) additional years of Identity
Defense Services may be provided to Settlement Class Members who claimed Identity
Defense Services, and the period for Restoration Services for all Settlement Class Members
will be extended by the same period. Settlement Class Members may enroll in Identity
Defense Services during the extended period.

•

If settlement funds still remain, payments will be increased on a pro rata basis to Settlement
Class Members submitting valid claims.

•

Any remaining settlement funds resulting from the failure of Settlement Class Members totimely negotiate a settlement check or to timely provide required tax information such that asettlement check should issue, shall be distributed to Settlement Class Members, or asotherwise ordered by the Court, but no money will be returned to Capital One.

12. What happens if the Settlement Fund runs out of money?
If the payments described in Question 11 exceed the Settlement Fund, the cash payments will be
reduced on a pro rata basis.

HOW TO GET SETTLEMENT BENEFITS
13. How do I file a claim for Identity Defense Services, Out-of-Pocket Losses, or Lost Time?
To file a claim for Identity Defense Services or for reimbursement for Out-of-Pocket Losses or Lost
Time you will need to file a claim form. The easiest way to submit a claim form is online, by fillingout the form at www.CapitalOneSettlement.com. You can also download a paper claim form andreturn a completed claim form by mail.
The deadline to file a claim for Out-of-Pocket Losses or Lost Time fairly traceable to the Data Breachis September 30, 2022 (this is the last day to file online and the postmark deadline for mailed claims).
To maximize protection offered by Identity Defense Services, you should make a claim for
Identity Defense Services by September 30, 2022. You may later enroll in Identity Defense Services
at any time the service is active (at least 3 years), however all memberships in the free Identity
Defense Services will end on the same date regardless of when you enroll.
14. When and how will I receive the benefits I claim from the settlement?
Identity Defense Services claimed by Settlement Class Members will begin, and payments forvalid claims for Out-of-Pocket Losses and/or Lost Time will be made, after the Court enters afinal judgment and the settlement becomes final. This may take several months or more; pleasebe patient. Periodic updates will be posted on the Settlement Administrator’s website.
If you make a valid claim for Identity Defense Services, the Settlement Administrator will send you
information on how to activate your Identity Defense Services once the settlement is final.
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811
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Payments for valid claims for Out-of-Pocket Losses and/or Lost Time will be made by the Settlement
Administrator in the manner you select (various digital payment options or a paper check).

LEGAL RIGHTS RESOLVED THROUGH THE SETTLEMENT
15. What am I giving up to stay in the settlement class?
If you make a claim under the settlement, or if you do nothing, you will be releasing all of your legal
claims relating to the Data Breach against Capital One and Amazon when the settlement becomes
final. By releasing your legal claims, you are giving up the right to file, or to continue to pursue,
separate legal claims against or seek further compensation from Capital One or Amazon for any harm
related to the Data Breach or the claims alleged in the lawsuits—whether or not you are currently
aware of those claims.
Unless you exclude yourself from the settlement (see Question 19), all of the decisions by the Court
will bind you. That means you will be bound to the terms of the settlement and accompanying court
orders, and cannot bring a lawsuit or be part of another lawsuit against Capital One or Amazon
regarding the Data Breach.
Paragraph 2.34 of the Settlement Agreement defines the claims that will be released by Settlement
Class Members who do not exclude themselves from the settlement. You can access the Settlement
Agreement and read the specific details of the legal claims being released at
www.CapitalOneSettlement.com.
If you have any questions, you can contact the Settlement Administrator (see Question 21).

THE LAWYERS REPRESENTING YOU
16. Do I have a lawyer in this case?
Yes. The Court appointed the following attorneys to represent you and other Settlement Class
Members as “Class Counsel.”Norman E. Siegel
STUEVE SIEGELHANSON LLP
460 Nichols Road
Suite 200
Kansas City, MO 64112

John A. Yanchunis
MORGAN & MORGANCOMPLEX LITIGATION GROUP
201 N. Franklin Street
7th Floor
Tampa, FL 33602

Karen Hanson Riebel
LOCKRIDGE GRINDAL
NAUEN P.L.L.P.
100 Washington Avenue South
Suite 2200
Minneapolis, MN 55401

You will not be charged by these lawyers for their work on the case. If you want to be represented byyour own lawyer, you may hire one at your own expense.
If you have questions about making a claim, please contact the Settlement Administrator (seeQuestion 21).
17. How will these lawyers be paid?
Class Counsel have undertaken this case on a contingency-fee basis, meaning they have paid for allof the expenses in the case and have not been paid any money in relation to their work on this case.
Accordingly, Class Counsel will ask the Court to award them attorneys’ fees of up to 35% of theSettlement Fund and reimbursement for costs and expenses to be paid from the Settlement Fund. The
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811
9

Court will decide the amount of fees and costs and expenses to be paid. You will not have to separately
pay any portion of these fees yourself. Class Counsel’s request for attorneys’ fees and costs (whichmust be approved by the Court) will be filed by June 16, 2022 and will be available to view on thesettlement website at www.CapitalOneSettlement.com.
18. Will the class representatives receive any additional money?
The class representatives in this action are listed in the Settlement Agreement, which is available at
www.CapitalOneSettlement.com. Capital One and Amazon also took the depositions of an additional
set of class members pursuant to a court order. Class Counsel will ask the Court to award the classrepresentatives and the other class members deposed in the case “service awards” of $5,000 each forthe time that they spent, and the risks that they undertook, in bringing this lawsuit on behalf of theclass. This amount will have to be approved by the Court. Any amount approved by the Court will be
paid from the Settlement Fund.

EXCLUDING YOURSELF FROM THE SETTLEMENT
19. How do I exclude myself from the settlement?
If you are a member of the settlement class but do not want to remain in the class, you may exclude
yourself from the class (also known as “opting out”). If you exclude yourself, you will lose any rightto participate in the settlement, including any right to receive the benefits outlined in this notice.
If you decide on this option, you may keep any rights you have, if any, against Capital One and/or
Amazon and you may file your own lawsuit against Capital One and/or Amazon based upon the samelegal claims that are asserted in this lawsuit, but you will need to find your own attorney at your own
cost to represent you in that lawsuit. If you are considering this option, you may want to consult an
attorney to determine your options.
IMPORTANT: You will be bound by the terms of the Settlement Agreement unless you submit atimely and signed written request to be excluded from the settlement. To exclude yourself from thesettlement you must mail a “request for exclusion,” postmarked no later than July 7, 2022 to:Capital One Settlement Administrator
Attn: Exclusion
P.O. Box 4518
Portland, OR 97208-4518
This statement must contain the following information:(1)

The name of this action (In re: Capital One Inc. Customer Data Security Breach
Litigation, MDL No. 1:19md2915 (AJT/JFA));(2)

Your full name and current address;(3)Your personal signature (lawyer’s signature is not sufficient);(4)

A statement clearly indicating your intent to be excluded from the settlement; and(5)

A statement that your request for exclusion applies only to you, the one Settlement
Class Member whose personal signature appears on the request. (Requests seeking
exclusion on behalf of more than one Settlement Class Member shall be deemedinvalid by the Settlement Administrator.)

Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-1811
10

If you do not comply with these procedures and the deadline for exclusions, you will lose any
opportunity to exclude yourself from the settlement class, and your rights will be determinedin this lawsuit by the Settlement Agreement if it is approved by the Court.

OBJECTING OR COMMENTING ON THE SETTLEMENT
20. How do I tell the Court that I like or don’t like the settlement?
If you are a Settlement Class Member, you have the right to tell the Court what you think of thesettlement. You can object to the settlement if you don’t think it is fair, reasonable, or adequate, andyou can give reasons why you think the Court should not approve it. You can’t ask the Court to ordera larger settlement; the Court can only approve or deny the settlement as it is.
To object, you must send a written objection stating that you object to the settlement. Your objection
must include:(1)

The case name and number of this action (In re: Capital One Inc. Customer Data
Security Breach Litigation, Case No. MDL No. 1:19md2915 (AJT/JFA));(2)

Your full name and current address and telephone number, and if you are represented
by counsel, those of your counsel;(3)

A statement whether the objection applies only to you, to a specific subset of the class,or to the entire class;(4)

A statement of the specific grounds for the objection; and(5)

A statement of whether you intend to appear at the Final Approval Hearing, and if so,whether personally or through counsel.

Additionally, if you are represented by a lawyer and your lawyer intends to speak at the Final
Approval Hearing, your written objection must include:(6)

A detailed description of any evidence you may offer at the Final Approval Hearing;
and

(7)

Copies of any exhibits you may introduce at the Final Approval Hearing.

To be considered by the Court, your written objection must be filed electronically with the Court by
July 7, 2022 or mailed, postmarked no later than July 7, 2022 to the following address:
Clerk of the Court
United States District Court Eastern District of Virginia
Alexandria Division
401 Courthouse Square
Alexandria, VA 22314
If you do not comply with these procedures and the deadline for objections, you may lose any
opportunity to have your objection considered at the Final Approval Hearing or otherwise tocontest the approval of the settlement or to appeal from any orders or judgments entered by
the Court in connection with the proposed settlement. You will still be eligible to receive
settlement benefits if the settlement becomes final even if you object to the settlement.
The Court has scheduled a Final Approval Hearing to listen to and consider any concerns or objections
from Settlement Class Members regarding the fairness, adequacy, and reasonableness of the terms of
the Settlement Agreement. That hearing is currently scheduled to take place on September 8, 2022
at 2:00 p.m. before the Honorable Anthony J. Trenga, at the United States District Court for the
Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-181111

Eastern District of Virginia located in Room 700 of the United States Courthouse, 401 Courthouse
Square, Alexandria, Virginia 22314. This hearing date and time may be moved. Please refer to thesettlement website, www.CapitalOneSettlement.com for notice of any changes.

GETTING MORE INFORMATION
21. Where can I get more information?
If you have questions about this notice or the settlement, you may go to the settlement website at
www.CapitalOneSettlement.com. You can also contact the Settlement Administrator at 1-855-6041811 or by mailing a letter to Capital One Data Breach Class Action Settlement Administrator, P.O.
Box 4518, Portland, OR 97208-4518 for more information or to request that a copy of this document
be sent to you in the mail. If you wish to communicate directly with Class Counsel, you may contact
them (contact information noted above in Question 16). You may also seek advice and guidance fromyour own private lawyer at your own expense, if you wish to do so.
This notice is only a summary of the lawsuit and the settlement. Other related documents can beaccessed through the settlement website. If you have questions about the proposed settlement, or wish
to receive a copy of the Settlement Agreement but do not have access to the Internet to download a
copy online, you may contact the Settlement Administrator. The Court cannot respond to anyquestions regarding this notice, the lawsuit, or the proposed settlement.
Please do not contact the Court, its Clerk, Capital One, or Amazon.

Questions? Go to www.CapitalOneSettlement.com or call 1-855-604-181112