March 6, 2025
Douglas J. McNamara named to four-person leadership team in high-profile consolidated fintech consumer protection class action.
WASHINGTON, DC – The Honorable Anthony J. Trenga of the United States District Court for the Eastern District of Virginia appointed Douglas J. McNamara, a partner in Cohen Milstein’s Consumer Protection practice, as one of four Plaintiffs’ Interim Co-Lead Counsel, to oversee In re: Capital One Financial Corporation, Affiliate Marketing Litigation. This high-profile consolidated class action represents more than 40 online community creators across the United States. They include influencers, YouTubers, website operators, and online publications, among others, who 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 on their laptops and mobile devices for online shopping at a discounted price, is designed to steal their 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.
“I’m incredibly honored by Judge Trenga’s appointment. He had many highly qualified attorneys to choose from and selected some fantastic litigators to represent the impacted plaintiffs,” said Doug McNamara, of Cohen Milstein. “I look forward to representing the creators and influencers in this case against Capital One, that, on its face appears to be an egregious theft of their hard-earned compensation.”
McNamara is widely recognized for his class action experience involving data breach and false advertising. He currently serves as co-lead class counsel in In Re: MOVEit Customer Data Security Breach Litigation, In Re: Data Breach Security Litigation Against Caesars Entertainment, Inc, and In re MGM Resorts International Data Breach Litigation. He is also on the steering committee and leadership teams ofIn re Blackbaud, Inc., Customer Data Breach Litigation and In re Marriott International Inc. Customer Data Security Breach Litigation.
The four-member court-appointed leadership team also includes the law firms of Hausfeld LLP, Berger Montague PC, and Stueve Siegel Hanson LLP.
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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.