Plaintiff Didn't Dispute He's Part of the Data Breach Settlement Class: Capital One

In his objection to Capital One and Amazon’s July motion to dismiss a fraud case (see 2307100050), pro se plaintiff Venton Smith didn’t dispute that the multidistrict litigation court approved a class action settlement in Capital One Customer Data Security Breach Litigation and he's a member of the settlement class who didn't opt out, said defendants Capital One, Amazon and Amazon Web Services in their Thursday reply memorandum of law (docket 3:23-cv-02804) in U.S. District Court for Northern California in San Francisco. Smith also didn’t dispute that the settlement agreement releases claims against Capital One and Amazon arising out of the data breach, nor that his claims against Capital One and Amazon all arise out of the breach, it said; Smith also doesn’t dispute that those facts are subject to judicial notice. “That is the end of the matter; no further inquiry is necessary,” said the filing. In his lawsuit, Smith, who claims his personally identifiable information was exposed in the 2019 Capital One data breach in which an Amazon Web Services employee stole data affecting about 106 million customers, is suing more than 20 merchants, banks and credit reporting agencies, alleging negligence, unjust enrichment, breach of confidence and contract and violation of California’s Unfair Competition Law. Smith alleges at least 12 existing accounts were fraudulently accessed to buy unknown merchandise using his existing accounts for American Express, Best Buy, Capital One, Chase, Citibank, Macy’s and Nordstrom for a total $92,300 in loans, merchandise and products.