Overview
Cohen Milstein represents more than 40 online community and marketplace creators and influencers throughout the United States in this high-profile consolidated fintech consumer protection class action against Capital One.
The plaintiffs include online marketplace creators, influencers, YouTubers, website operators, and online publications, among others. They work hand-in-hand with online merchants to market and sell specific products and services.
The plaintiffs allege that the Capital One Shopping browser extension, that an estimated 10 million people in the United States download and use onto their laptops and mobile devices for discounted online shopping, is designed to steal plaintiffs’ commissions. Specifically, they claim that when a consumer makes a purchase via the Capital One Shopping browser extension, instead of crediting the creator’s affiliate marketing identify code, it automatically substitutes its own affiliate marketing identity code to receive the commission – even if the consumer made the purchase directly from the creator’s affiliate web link.
The plaintiffs seek to recover the damages they have sustained and enjoin Capital One’s wrongful conduct going forward.
Important Rulings
- On March 5, 2025, the Honorable Anthony J. Trenga of the United States District Court for the Eastern District of Virginia appointed Douglas J. McNamara, a partner at Cohen Milstein, as one of four Plaintiffs’ Interim Co-Lead Counsel.
Case Background
According to Capital One, the Capital One Shopping browser extension is a free tool that automatically looks for coupons and discounts, offers consumers a price comparison tool, and incorporates a built-in rewards point system wherein points can be redeemed by consumers for gift cards.
An estimated 10 million people in the United States download and use the Capital One Shopping browser extension because of its discount and points appeal.
Plaintiffs claim that the Capital One Shopping browser extension is designed to steal their commissions from online marketplace creators and influencers who earn money by directing their followers to specific products and services they market on behalf of online merchants with whom they collaborate thought affiliate marketing programs.
Specifically, when a consumer purchases products and services via the creator’s “affiliate link,” designed specifically for that creator by the online merchant, the creator earns commissions on the sale and/or gets credits for any referrals.
The plaintiffs claim that during the checkout process, the Capital One Shopping browser extension cheats these creators out of commissions to which they are entitled. As described in more detail throughout this complaint, Capital One programmed the Capital One Shopping browser extension to systematically appropriate commissions that belong to the creators. It does so by substituting its own affiliate marketing identity code into a consumer’s cookie in place of the creator’s affiliate marketing identity code, and this happens even though the consumer used the creator’s specific affiliate web link to purchase a product or service.