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Plaintiff Didn't Opt Out of Settlement, Claims Should Be 'Barred': Capital One, Amazon

Plaintiff Venton Smith didn't opt out of the settlement in Capital One Consumer Data Security Breach Litigation, making his claims against defendants Capital One and Amazon “barred,” said defendants’ memorandum (docket 3:23-cv-02804) of points and authorities Friday in U.S. District…

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Court for Northern California in San Francisco. Jones is a member of the settlement class the Eastern District of U.S. certified in connection with its approval of a class-wide settlement in the case, meaning his claims are “fully encompassed by the settlement” and should be dismissed, said defendants. If the court declines to dismiss Capital One and Amazon from the action, it should transfer the case to U.S. District Court for Eastern Virginia, they said. San Francisco resident Smith sued the defendants last month, alleging 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. Smith is suing over 20 merchants, banks and credit reporting agencies in his per se suit (see [Ref:2306120045).