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California Federal Judge Denies Class Certification in Proposed Privacy Class Action Against Capital One

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  • California Federal Judge Denies Class Certification in Proposed Privacy Class Action Against Capital One

A California federal judge denied class certification in a proposed privacy class action against Capital One concerning the alleged disclosure of personal and financial data through tracking technologies on its website. A Covington team that included Kate Cahoy, Andrew Soukup, Matthew Verdin, and Marianne Spencer argued on behalf of Capital One at the class-certification hearing.

The court concluded that questions concerning the information allegedly transmitted, users’ consent, and standing required individualized proof, defeating the commonality and predominance requirements for class certification.

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