Why it matters that you speak up if you were affected by the Capital One data breach – An interview with Jeremy Diamond of Diamond and Diamond

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Jeremy Diamond, Lawyer and Managing Partner of personal injury law firm Diamond and Diamond Lawyers, always has his eye out for those who’ve been harmed. Jeremy has done a deep dive into the Capital One data breach to help Canadians understand the importance of this breach and how it is affecting millions of unsuspecting consumers. Jeremy explains what you need to know.

Q: What is the Capital One data breach?

Jeremy Diamond: In July 2019, a hacker gained access to more than 100 million accounts of Capital One customers. This hacker exposed personal and confidential information, including Social Security Numbers and bank account information, and released it to third parties.

Q: How can you know if you’re affected by the Capitol One data breach?

Jeremy Diamond: Capital One, which is required by law to notify everyone affected by the breach, sent out letters and emails to customers to inform them if their personal information was included in the breach. Those affected may include individual consumers and small businesses who applied for Capital One credit cards between 2005 and 2019.

Q: A class-action lawsuit was filed in August 2019 against Capital One on behalf of affected customers. What is a class action lawsuit? How is it different from a mass tort?

Jeremy Diamond: In a class-action lawsuit, the entire class of people affected by a lawsuit is represented. Class action lawsuits, because they pursue one massive claim rather than requiring individuals to file separate claims, can be more effective — and more cost-effective — than individual lawsuits.

Diamond and Diamond’s class-action lawsuit against Capital One allows all Canadians who were victims access to justice. In a class-action lawsuit, the issues are common to everyone in the class, the settlement is handled on mass, and the settlement binds all members of the class.
If you’re a member of the class involved in a class-action lawsuit, you still have the option to opt-out of the class and file your own lawsuit. If you don’t opt-out, you’re considered part of the class.

In contrast, a matter often becomes a mass tort if the issues are too diverse. In a mass tort, multiple related lawsuits against a single defendant are settled individually, with each plaintiff making their own settlement decisions.

Q: Why is it important to speak up and act against Capital One and other large organizations and to hold them accountable?

Jeremy Diamond: Because these companies have a duty to protect their customers. When a data breach like the Capital One breach occurs, it shows the companies are not living up to their responsibilities. Speaking up not only protects your own interests. It also helps ensure that these companies learn from their mistakes and change the way they do business to protect all consumers.

Q: What are next steps? Should I contact Diamond and Diamond Lawyers?

Jeremy Diamond: If you have been a victim of the capital one breach make sure you check Equifax immediately to see if your credit has been compromised. You may want to check your account and banking information as well. More info on Diamond and Diamond’s class-action lawsuit against Capital One is available here.

About Jeremy Diamond

Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.