Published
September 27, 2026
Canadian residents outside Québec who applied for or held a Capital One credit card and were notified that their information was exposed in the 2019 Capital One data breach may qualify to claim out-of-pocket costs, lost-time payments and annual-fee refunds from a $35 million CAD Capital One Canada class action settlement. The approval hearing was held September 22, 2026; claims open only after the court approves the settlement.
Current Status
Claims are not open yet. The Supreme Court of British Columbia held the settlement approval hearing on September 22, 2026, but no approval order had been located as of September 27, 2026. The claim form and the claim deadline will be released only after the settlement is approved. The opt-out and objection deadline, September 11, 2026, has passed. No payment date has been announced.Free settlement alerts
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Status
Pending Final Approval
Claim Deadline
Not set yet
claims open after court approval
Estimated Payout
Up to $275 CAD
lost time · up to $25,000 CAD documented · up to $50 CAD fee refund
Proof Required
Not yet known
claim form not released · out-of-pocket claims need records
What Changed Recently?
Capital One agreed to pay $35,000,000 CAD to resolve Campbell v. Capital One Financial Corporation, No. S198617, a national class action in the Supreme Court of British Columbia over the 2019 data breach. Notice of the proposed settlement was first published on July 13, 2026, the window to opt out or object closed September 11, 2026, and the court heard the request for approval in Vancouver on September 22, 2026. Capital One does not admit and denies any wrongdoing or liability.The breach itself came to light in July 2019. According to the court's 2022 certification decision, an outside individual accessed a Capital One database stored on a third-party cloud service in the spring of 2019 and downloaded credit card application information on about six million Canadians and roughly 100 million Americans. The Canadian data came from applications submitted between 2005 and early 2019 and included names, dates of birth, addresses, contact details, income and housing information, and, for some people, credit scores, balances and payment history. About one million Social Insurance Numbers were affected. Capital One said no credit card numbers, PINs or login credentials were compromised, and it offered affected customers two years of free credit monitoring.
Justice Iyer certified the case as a class proceeding on June 3, 2022 (2022 BCSC 928), allowing claims in negligence, breach of contract, provincial privacy statutes and consumer protection laws to go forward while rejecting several other theories. Those claims were allegations; the court has not decided whether Capital One is liable.
Who Qualifies?
The class covers residents of Canada, other than residents of Québec, who applied for or were issued a Capital One credit card and received a letter from Capital One notifying them that their information may have been subject to unauthorized access in the 2019 data breach. Capital One issued its own cards in Canada as well as co-branded cards for Costco and the Hudson's Bay Company, so applicants for those cards can be in the class if they received a breach notice.Québec residents are excluded because a separate Québec class action over the same breach is proceeding there. Anyone who opted out by September 11, 2026 is also out of the settlement.
How Much Can You Get?
After court-approved legal fees and disbursements, administration costs and any honorarium for the representative plaintiff are paid, the net fund pays three categories of claims:- Category A, out-of-pocket costs: reimbursement of costs fairly traceable to the breach, such as credit monitoring, insurance or credit freezes, and unreimbursed losses from identity theft, falsified tax returns or other misuse, up to $25,000 CAD per class member.
- Category B, lost time and inconvenience: $25 CAD an hour for time spent responding to the breach, up to 5 hours ($125 CAD) for class members whose SIN was not exposed and up to 8 hours ($200 CAD) for those whose SIN was exposed. Every valid Category B claim also gets a $75 CAD top-up, for a maximum of $200 CAD or $275 CAD.
- Category C, annual credit card fees: up to $50 CAD for Annual Fee Class Members, as defined in the settlement agreement.
The settlement website does not say whether payments can be reduced if claims exceed the net fund. The amounts above are maximums, not estimates of what any one person will receive.
What Proof or Notice ID Is Required?
The claim form has not been released, so it is not yet known whether filing will require a notice ID or other identifier. Out-of-pocket claims must be for costs the administrator finds valid and fairly traceable to the breach, so keep receipts and statements for credit monitoring, credit freezes, insurance or identity theft losses, along with your Capital One breach notice letter.What Is the Deadline?
No claim deadline has been set. The claims period begins only after the settlement is approved, and the deadline will be posted on the official settlement website at that time. The opt-out and objection deadline was September 11, 2026 and has passed.How Do You Take Action?
There is nothing to file yet. Watch the official Capital One 2019 Data Breach Class Action website, run by the settlement administrator Verita, for the approval decision and the claim form. In the meantime, gather your breach notice letter and records of any costs or time spent dealing with the breach. If you are unsure whether you are in the class, use the contact page on the official website.What Happens Next?
The next step is the court's decision on whether to approve the settlement after the September 22, 2026 hearing. If it is approved, the claims period opens and the administrator will announce the claim deadline. If it is not approved, the class action continues. No payment date has been announced.Sources and Verification
- Capital One 2019 Data Breach Class Action — official settlement website administered by Verita
- Campbell v. Capital One Financial Corporation, 2022 BCSC 928 — certification reasons for judgment, Supreme Court of British Columbia, Docket S198617
Questions
I live in Québec. Am I covered by the Capital One Canada settlement?
No. The Supreme Court of British Columbia excluded Québec residents from this class in 2022 because a separate Québec class action over the same breach was already under way. Québec residents' claims are handled in that proceeding.
Can I still opt out of the Capital One Canada settlement?
No. Opt-out forms and objections had to be received by September 11, 2026. Class members who did not opt out are bound by the settlement if the court approves it.
What counts as an out-of-pocket cost in the Capital One Canada settlement?
Costs fairly traceable to the 2019 breach, including preventive steps such as paid credit monitoring, insurance or credit freezes, and unreimbursed losses from identity theft, falsified tax returns or other misuse. Valid claims are paid up to $25,000 CAD per class member.
Why does it matter whether my SIN was exposed?
The lost-time payment is higher for class members whose Social Insurance Number was compromised: up to 8 hours at $25 CAD an hour ($200 CAD) instead of up to 5 hours ($125 CAD), plus the same $75 CAD top-up for every valid lost-time claim.
Court Certification Decision
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Settlement Amount
$35,000,000 CAD
Case Title
Campbell v. Capital One Financial Corporation
Case Number
S198617 (Vancouver Registry)
Court
Supreme Court of British Columbia
Final Approval Hearing
September 22, 2026 at 10:00 AM PT
Held · no approval order located as of September 27, 2026
Administrator
Verita
Official Website
Capital One 2019 Class Action
