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Capital One settles lawsuit over influencers' commissions
American Banker· 2025-09-22 18:38
Core Insights - Capital One Financial has agreed to settle a class-action lawsuit filed by social media influencers who accused the company of manipulating software to steal sales commissions from online marketers [1][9] - The lawsuit centers around Capital One's browser extension, "Capital One Shopping," which allegedly substitutes the bank's affiliate marketing cookie for those of online marketers, resulting in lost commissions for influencers [2][5] Settlement Details - Attorneys for both parties have notified the U.S. District Court for the Eastern District of Virginia that they reached an agreement in principle to settle the dispute and are negotiating a comprehensive letter agreement [3][4] - The plaintiffs plan to file a motion for preliminary approval of the settlement by November 17, with a hearing date requested for December 2 [4] Background Information - Capital One is the largest U.S. credit card lender following its acquisition of Discover Financial Services and is facing several similar lawsuits regarding browser extensions affecting affiliate marketing revenues [5] - The browser extension was acquired by Capital One in 2018 and is used by approximately 10 million people, generating fee income for the company [6][9] Plaintiff Allegations - Plaintiffs Jesika Brodiski and Peter Hayward allege that the browser extension removes affiliate cookies and tracking tags, preventing them from receiving rightful commissions [7][8] - Brodiski reported earning $20,000 in commissions last year, suggesting that her earnings would have been higher without Capital One's browser extension [7]