January 24, 2025
DiCello Levitt, Cohen Milstein Sellers & Toll, HammondLaw Representing Content Creators Who Claim Capital One Shopping Browser Extension Steals Commissions
CHICAGO – January 24, 2025 – Cohen Milstein Sellers & Toll, HammondLaw, and DiCello Levitt have filed a class action lawsuit against Capital One Financial Corporation, Wikibuy LLC, and Wikibuy Holdings, LLC (Capital One) on behalf of Edgar Oganesyan, Matthew Ely, and other social media influencers. The lawsuit alleges that defendants’ Capital One Shopping browser extension has been systematically stealing affiliate marketing commissions.
The complaint, filed in the United States District Court for the Eastern District of Virginia, claims that the browser extension replaces the affiliate marketer’s cookie with its own, thereby taking credit for the sale and the resulting commission.
Oganesyan and Ely operate popular YouTube channels—Oganesyan runs TechSource with 3.87 million followers, and Ely co-owns ToastyBros, LLC with more than 750,000 followers. Both say they have experienced a decline in revenue from affiliate marketing despite increased viewership and engagement.
“Capital One’s actions are a blatant exploitation of content creators’ hard work, diverting their rightful earnings through deceptive practices,” said DiCello Levitt Partner Daniel Schwartz. “We are committed to ensuring Mr. Oganesyan, Mr. Ely, and other affected Creators receive the compensation they deserve.”
“This is pure and simple consumer abuse by Capital One, but at a nationwide level. We look forward to seeking justice for our clients and helping them have their day in court,” said Douglas J. McNamara, a partner at Cohen Milstein.
The class action seeks to represent a nationwide class of U.S.-based social media influencers, bloggers, and other content creators who have had their commissions diverted by Capital One. The lawsuit alleges violations of several laws, including the Electronic Communications Privacy Act, Computer Fraud and Abuse Act, California Business & Professional Code, and the California Invasion of Privacy Act. The plaintiffs seek damages, restitution, injunctive relief, and other equitable relief.
The case is Edgar Oganesyan and Matthew Ely v. Capital One Financial Corporation, Wikibuy LLC, and Wikibuy Holdings, LLC, Case No. 1:25-cv-00113. A copy of the complaint is available here.
About DiCello Levitt
At DiCello Levitt, we’re dedicated to achieving justice for our clients through class action, environmental, mass tort, securities, financial services, antitrust, business-to-business, public client, whistleblower, personal injury, and civil and human rights litigation. Our lawyers are highly respected for their ability to litigate and win cases—whether by trial, settlement, or otherwise—for people who have suffered harm, global corporations that have sustained significant economic losses, and public clients seeking to protect their citizens’ rights and interests. Every day, we put our reputations—and our capital—on the line for our clients.
DiCello Levitt has achieved top recognition as Plaintiffs Firm of the Year and Trial Innovation Firm of the Year by the National Law Journal, in addition to its top-tier Chambers and Benchmark ratings.
About Cohen Milstein Sellers & Toll PLLC
Cohen Milstein Sellers & Toll PLLC, a premier U.S. plaintiffs’ law firm, with over 100 attorneys across eight offices, champions the causes of real people – workers, consumers, small business owners, investors, and whistleblowers – working to deliver corporate reforms and fair markets for the common good.
About Hammond Law
HammondLaw P.C., is a leading class action litigation law firm dedicated to protecting consumers and employees and attaining the best results possible on their behalf. We are a nimble team of lawyers who have achieved remarkable success on behalf of our clients. Our work has resulted in changes to industry standards, legislative amendments, and millions of dollars in recovered damages.