Plaintiff in Capital One Data Breach Case Settles With Amex, TD Bank

Pro se plaintiff Venton Smith voluntarily dismissed all claims against American Express, said his stipulated dismissal (docket 3:23-cv-02804) and proposed order to stipulation of dismissal with prejudice Monday in U.S. District Court for Northern California in San Francisco. The parties reached a settlement in principle last month (see 2309080017) in a case arising out of a 2019 Capital One data breach, in which an Amazon Web Services employee stole data affecting about 106 million customers. Smith, whose fraud complaint listed 14 defendants, alleged the breach led to at least 12 of his accounts being fraudulently accessed to secure loans, merchandise and products totaling $92,300. Also Monday, Smith filed a notice dismissing with prejudice TD Bank from the action. The notice was filed before the bank filed an answer or motion for summary judgment, Smith said. Each party will bear its own legal costs.