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EXHIBIT 2

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PROPOSED CONSUMER SETTLEMENT BENEFITS PLAN
1. Capitalized Terms: Unless defined herein, the capitalized terms used in this Proposed
Consumer Settlement Benefits Plan (“Benefits Plan”) are defined in the Settlement
Agreement and Release.
2. Net Settlement Fund: The “Net Settlement Fund” is the Settlement Fund less (1) Notice Costs
and Administrative Costs; (2) Attorneys’ Fees and Expenses awarded by the Court; (3) ServiceAwards awarded by the Court; and (4) costs associated with procurement of at least threeyears of Identity Defense Services and Restoration Services as provided in Exhibit 8. The
Settlement Administrator shall use the Net Settlement Fund to pay valid claims for Out-ofPocket Losses and Lost Time as set forth below. The Settlement Administrator, subject to suchsupervision and direction of the Court and Class Counsel as may be necessary or as
circumstances may require, shall administer and oversee distribution of the Net Settlement
Fund pursuant to the process set forth in this Benefits Plan.
3. Out-of-Pocket Losses: “Out-of-Pocket Losses” are verifiable unreimbursed costs orexpenditures that a Settlement Class Member actually incurred and that the Settlement Class
Member believes are fairly traceable to the Data Breach. Out-of-Pocket Losses may include,
without limitation, the following:a. unreimbursed costs, expenses, losses or charges incurred as a result of identity theftor identity fraud, falsified tax returns, or other alleged misuse of a Settlement Class
Member’s personal information;b. costs incurred on or after March 22, 2019, associated with placing or removing a credit
freeze on a Settlement Class Member’s credit file with any credit reporting agency;c. other miscellaneous expenses incurred on or after March 22, 2019, related to any
Out-of-Pocket Loss such as notary, fax, postage, copying, mileage, and long-distance
telephone charges;
d. costs of credit reports, credit monitoring, or other products related to detection orremediation of identity theft incurred on or after March 22, 2019, through the dateof the Settlement Class Member’s claim submission.
4. Lost Time: “Lost Time” is time spent remedying fraud, identity theft, or other misuse of aSettlement Class Member’s personal information that the Settlement Class Member believes
is fairly traceable to the Data Breach and time spent taking preventative measures to avoid
such losses. Lost Time will be paid at the “Reimbursement Rate”, which shall be the greaterof $25 per hour, or, if the Settlement Class Member took time off work, at the Settlement
Class Member’s documented hourly wage.

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a. Lost Time related to a qualifying claim for Out-of-Pocket Losses may be supported bya certification for up to 15 hours.
b. Lost Time not related to a qualifying claim for Out-of-Pocket Losses but incurred as aresult of fraud, identity theft or other misuse, or incurred taking preventative
measures to avoid fraud, identity theft or other misuse may be supported by acertification for up to 5 hours.
c. Lost Time claims may be made in 15-minute increments.
5. Claims Period: The “Claims Period” is the period starting from the date the Court enters thePreliminary Approval Order and ending 90 days after the Notice Date. Settlement ClassMembers must submit claims for Out-of-Pocket Losses and Lost Time during the Claims
Period. Class members will be encouraged to claim Identity Defense Services during theClaims Period. After the Effective Date, Settlement Class Members may register for Identity
Defense Services and request Restoration Services during the period such services areavailable to the Settlement Class, regardless of whether they made a claim for Identity
Defense Services during the Claims Period.
6. Claims Cap: The Settlement Administrator will use the Net Settlement Fund to compensate
those Settlement Class Members who submit valid claims for Out-of-Pocket Losses and Lost
Time. Settlement Class Members will be subject to an aggregate claims cap of twenty-fivethousand United States Dollars ($25,000) paid directly from the Net Settlement Fundregardless of the number of claims submitted by the Settlement Class Member during theClaims Period.
7. Insufficient or Excess Funds:
a. To the extent valid claims exceed the Net Settlement Fund, payments for Out-ofPocket Losses and Lost Time shall be reduced on a pro rata basis.
b. To the extent the Net Settlement Fund is not exhausted by the claims, any remaining
funds in the Net Settlement Fund will first be used to purchase up to 2 years ofadditional Identity Defense Services and Restoration Services (and to pay any
attendant expenses to provide notice of such extended period for Identity Defense
Services and Restoration Services) and second will be used to increase payments toSettlement Class Members submitting valid claims on a pro-rated basis. No funds may
revert to Capital One.
c. Any remaining funds resulting from the failure of Settlement Class Members to timely
negotiate a settlement check or to timely provide required tax information such thata settlement check could issue, shall be distributed to Settlement Class Members, oras otherwise ordered by the Court. No funds may revert to Capital One.

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8. Claims Process: The “Claim Form” shall be the form approved by the Court and used by
Settlement Class Members to submit claims for benefits under the Settlement. SettlementClass Members may submit Claim Forms to the Settlement Administrator electronicallyduring the Claims Period, or download a form for mailing from the settlement website. The
Settlement Administrator shall verify that each person who submits a Claim Form is aSettlement Class Member and shall be responsible for evaluating claims and deciding
whether claimed Out-of-Pocket Losses and Lost Time are valid and fairly traceable to the DataBreach.
a. Claims for Out-of-Pocket Losses:
i. Settlement Class Members with Out-of-Pocket Losses must submit Reasonable
Documentation supporting their claims. As used herein, “Reasonable
Documentation” means documentation supporting a claim, including but notlimited to: credit card statements, bank statements, invoices, telephonerecords, and receipts. Except as expressly provided herein, personalcertifications, declarations, or affidavits from the claimant do not constituteReasonable Documentation but may be included to provide clarification, context
or support for other submitted Reasonable Documentation.
ii. In assessing what qualifies as “fairly traceable,” the Settlement Administrator
must consider (1) the timing of the loss, including whether the loss occurred on
or after March 22, 2019, through the date of the Settlement Class Member’s
claim submission; (2) whether the loss involved the possible misuse of the typeof personal information accessed in the Data Breach; (3) whether the personal
information accessed in the Data Breach that is related to the Settlement Class
Member is of the type that was possibly misused; (4) the Class Member’s
explanation as to how the loss is fairly traceable to the Data Breach; (5) thenature of the loss, including whether the loss was reasonably incurred as a resultof the Data Breach; and (6) any other factor that the Settlement Administratorconsiders to be relevant. The Settlement Administrator shall have the sole
discretion and authority to determine whether claimed Out-of-Pocket Losses
are valid and fairly traceable to the Data Breach.
b. Claims for Lost Time:i. Lost Time related to Out-of-Pocket Losses. Settlement Class Members with (1)qualifying Out-of-Pocket Losses and (2) time spent remedying these issues may
submit a claim for up to 15 hours of such time to be compensated at theReimbursement Rate. In the event the Settlement Administrator does not
approve a claim for Out-of-Pocket Losses, related claims for Lost Time shall betreated as a claim for Self-Certified Time.

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ii. Self-Certified Time. Settlement Class Members who attest (i) to fraud, identity
theft, or other alleged misuse of the Settlement Class Member’s personal
information the Settlement Class Member believes is fairly traceable to the Data
Breach, or taking preventive measures to avoid such fraud, identity theft, orother misuse and (ii) that they spent time remedying such misuse or taking suchpreventative measures, may self-certify the amount of time they spent
remedying the foregoing by providing a certified explanation of the misuse or
preventative measures taken and how the time claimed was spent remedying
the misuse or taking preventative measures. Settlement Class Members may filea claim for Self-Certified Time for up to 5 hours at the Reimbursement Rate.
9. Disputes and Appeals:a. To the extent the Settlement Administrator determines a claim is deficient inwhole or part, within 21 days after the Settlement Administrator processes allclaims, the Settlement Administrator shall notify the Settlement Class Member inwriting (including by e-mail where the Settlement Class Member selects e-mail as
his or her preferred method of communication) of the deficiencies and provide
the Settlement Class Member 30 days to cure the deficiencies. The notice shallinform the Settlement Class Member that he or she can either attempt to cure thedeficiencies outlined in the notice, or dispute the determination in writing andrequest an appeal. If the Settlement Class Member attempts to cure thedeficiencies but, in the sole discretion and authority of the Settlement
Administrator fails to do so, the Settlement Administrator shall notify theSettlement Class Member of that determination within 14 days of thedetermination. The notice shall inform the Settlement Class Member of his or her
right to dispute the determination in writing and request an appeal within 30 days.
The Settlement Administrator shall have the sole discretion and authority todetermine whether a claim is deficient in whole or part but may consult with theParties in making individual determinations.
b. If a Settlement Class Member disputes a determination in writing (including by email where the Settlement Class Member selects e-mail as his or her preferred
method of communication) and requests an appeal, Class Counsel shall proposethat the Court appoint a claims referee to be paid from the Net Settlement Fund.
The Settlement Administrator shall provide the claims referee a copy of theSettlement Class Member’s dispute and Claim Form along with all documentationor other information submitted by the Settlement Class Member. The claims
referee’s approval or denial of the Settlement Class Member’s claim, in whole orpart, will be final.