Frequently Asked Questions
- What Is This Website?
- Am I Part of the Settlement Class?
- What Does the Settlement Provide?
- How Much Will I Receive if I File a Claim?
- How Do I Submit a Claim for Cash Compensation?
- When Will I Get My Payment?
- What Commitments Will Defendants Make in Connection with the Settlement Regarding Its Business Practices?
- What Is a Class Action?
- What Am I Giving Up to Remain a Member of the Class?
- What Happens if I Do Nothing At All?
- How Do I Exclude Myself from the Settlement?
- If I Do Not Exclude Myself, Can I Sue the Defendants for the Same Thing Later?
- If I Exclude Myself, Can I Still Get a Settlement Payment?
- Do I Have a Lawyer in the Case?
- How Will the Lawyers Be Paid?
- How Do I Tell the Court if I Do Not Like the Settlement?
- What Is the Difference Between Objecting to the Settlement and Excluding Myself from the Settlement?
- When and Where Will the Court Decide Whether to Approve the Settlement?
- Do I Have to Come to the Hearing?
- May I Speak at the Hearing?
- How do I Get More Information?
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What Is This Website?
The Court overseeing this case authorized this notice program to inform you about a class action settlement in a lawsuit named In re Capital One Financial Corporation, Affiliate Marketing Litigation, No. 1:25-cv-00023-AJT-WBP, which is pending before the Honorable Anthony J. Trenga in the United States District Court for the Eastern District of Virginia.
Plaintiffs Ahntourage Media LLC, Just Josh, Inc., Storm Productions LLC, TechSource Official, and ToastyBros, LLC (together, “Plaintiffs” or “Settlement Class Representatives”) allege that Defendants received affiliate marketing commissions that Settlement Class Members should have received.
Defendants deny Plaintiffs’ allegations and any and all alleged wrongdoing associated with Plaintiffs’ claims, and they maintain that Capital One Shopping is an industry leader that works closely and transparently with its affiliate network and advertising partners. Defendants are confident that, if this Action moved forward, Defendants would have prevailed on the merits. This Settlement does not reflect any findings by the Court that Capital One Shopping engaged in any wrongdoing.
The Court has not decided who is right or wrong. Instead, the Parties have agreed to the Settlement to avoid the costs, risk, and delays associated with continuing this complex and time-consuming litigation.
This website summarizes the Settlement and your legal rights and options under it. The deadlines listed in this notice may be modified, so please check the Settlement Website regularly for updates and further details.
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WHO IS IN THE SETTLEMENT CLASS
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Am I Part of the Settlement Class?
The Settlement Class consists of all persons (including entities) in the United States who participated in an affiliate commission program with an online merchant that also partnered with Capital One Shopping between January 6, 2020, and December 18, 2025, and who were involved in a transaction in which Capital One Shopping was also involved.
Eligibility for a Proof Payment or Alternative Payment will be determined using the Capital One Shopping Data. Some entities are excluded from the Settlement Class; the list of such entities is in Exhibit H of the Settlement Agreement.
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SETTLEMENT BENEFITS – WHAT SETTLEMENT CLASS MEMBERS GET
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What Does the Settlement Provide?
If approved, the Settlement will provide compensation and other benefits to Settlement Class Members who submit a valid Claim Form. To qualify for any payment, your claim must demonstrate your ownership of an identifier (such as publisher ID, affiliate ID, affiliate link, or trade name) locatable in Capital One Shopping’s data. Settlement Class Members who submit a valid Claim Form are eligible for one of two mutually exclusive payments:
- Proof Payment: Settlement Class Members who can demonstrate that they have one or more qualifying transactions within the Capital One Shopping Data by submitting a valid and timely Proof Payment Claim Form shall receive the greater of (i) a monetary payment equivalent to the amount of commission received by Capital One Shopping for all qualifying transactions posted on or after November 1, 2023, or (ii) the Alternative Payment. (NOTE If your affiliate data is associated only with transactions that were posted prior to November 1, 2023, you are not eligible for a Proof Payment, but you are still eligible for an Alternative Payment.) In order to be eligible for a Proof Payment, there must be a sufficient indication in the data that Capital One received a commission in connection with a transaction where the consumer had clicked the Claimant’s affiliate link prior to clicking on Capital One’s affiliate link, and Capital One’s receipt of that commission may have been inconsistent with industry standards.
- Alternative Payment: Settlement Class Members who submit a valid and timely Alternative Payment Claim Form and do not receive a Proof Payment shall receive $20. In order to be eligible for an Alternative Payment, there must be a sufficient indication of the Claimant’s affiliate information in Capital One’s data.
Defendants will also make certain commitments with respect to its business practices, which are described below and also are available in the Settlement Agreement available on the Settlement Website.
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How Much Will I Receive if I File a Claim?
The amount that each Settlement Class Member is entitled to is variable and depends on the information provided by the Settlement Class Member on their Claim Form. To qualify for any payment, your claim must demonstrate your ownership of an identifier (such as publisher ID, affiliate ID, affiliate link, or trade name) locatable in Capital One Shopping’s data.
Settlement Class Members eligible for a Proof Payment will get an amount equal to the commission received by Capital One Shopping for qualifying transactions posted on or after November 1, 2023. If a Settlement Class Member’s Proof Payment would be less than $20, the Settlement Class Member will receive an Alternative Payment instead. If a Settlement Class Member receives an Alternative Payment, they will not receive a Proof Payment.
Settlement Class Members eligible for an Alternative Payment will receive $20. No Settlement Class Member shall receive more than one Alternative Payment.
The total amount paid, and individual payments to all valid Claimants, will not be reduced by the number of people who submit claims.
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How Do I Submit a Claim for Cash Compensation?
The deadline to file a claim passed on April 17, 2026.
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When Will I Get My Payment?
The Settlement Administrator will calculate the payment amount for each timely and valid and complete Claim Form and send out payments after the Settlement’s “Effective Date,” consistent with the schedule set forth in the Settlement.
The “Effective Date” will depend on when the Court enters its order finally approving the Settlement and its Judgment, and whether there is an appeal of the Judgment.
Please check back after the Final Approval Hearing for information concerning the timing of Settlement payments. The Parties anticipate that the Court will hold its Final Approval Hearing on June 10, 2026.
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What Commitments Will Defendants Make in Connection with the Settlement Regarding Its Business Practices?
Defendants shall implement or maintain for at least two years the following business practice commitments:
- Use its best efforts to ensure that the Capital One Shopping Browser Extension is designed and functions so that it complies with the stand-down rules and policies established by affiliate networks and merchants that partner with Capital One Shopping, including reviewing the work of Settlement Class Representatives’ expert to determine if any affiliate links that were not included in Capital One Shopping’s affiliate_redirect_match table should have triggered a stand down.
- Formalize a process whereby Defendants periodically review applicable stand-down rules established by its partner networks and merchants and monitors compliance with those rules.
- Identify an ombudsman within Capital One with a published email address who can serve as a point of contact for merchants, affiliate networks, and publishers to contact with concerns about whether Capital One Shopping is complying with the terms of this Agreement.
- Abide by a process where bona fide, non-frivolous issues brought to the attention of the ombudsman are evaluated in order to determine whether they require any changes to the Capital One Shopping Browser Extension. This obligation shall not apply to communications involving individuals or entities perceived to be making false or fraudulent claims, automatically generated messages, or messages sent on behalf of others (other than legal counsel for a Settlement Class Member).
- In instances where Defendants determine that changes should be made to the Capital One Shopping Browser Extension, Defendants will evaluate whether the issue being addressed is of such significance that it needs to be addressed globally (i.e., across multiple merchants and/or affiliate networks, if consistent with those merchants or networks’ standdown rules), or whether it should be addressed only at a website-, merchant-, or other non-global level.
In the event technological or industry developments or intervening changes in law make compliance by Defendants with any provision impossible or technically impractical, the Parties agree to negotiate in good faith as to appropriate modifications to such provision. If the Parties reach a mutual agreement that the elimination or modification of a provision is appropriate, they may jointly petition the Court to eliminate or modify such provision. If the Parties fail to reach an agreement, Defendants may ask the Court to eliminate or modify such provision.
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UNDERSTANDING THE CLASS ACTION PROCESS
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What Is a Class Action?
In a class action, one or more people called “class representatives” sue on behalf of people and/or companies who have similar claims. All these people are a “class” or “class members.” When a class action is settled, the Court resolves the issues in the lawsuit for all class members, except for those who request to be excluded from (or “opt out” of) the class. Opting out means that you will not receive benefits under the Settlement. The opt out process is described in Question 11.
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What Am I Giving Up to Remain a Member of the Class?
If the Settlement becomes final and you do not exclude yourself, you will release Defendants and the Released Parties from liability for all Released Claims and you will not be able to sue them about the issues in the lawsuit. Under the Settlement, “Released Claims” are defined as follows:
(i) any and all Claims that the Releasing Parties ever had, now have, or hereafter can, shall, or may have, individually, representatively, derivatively, or in any other capacity, against Defendants, arising from or related in any way to Capital One Shopping, the conduct alleged in this Action, or conduct arising from the factual predicate of this Action, from the beginning of time through the date of the Preliminary Approval Order, as well as (ii) any and all claims the Releasing Parties may have in the future that relate to the same factual predicate as asserted in this Action or the operation of the Capital One Shopping Browser Extension where Capital One Shopping complies with the applicable network’s or merchant’s stand-down rules in effect at the time of a transaction involving a Released Party.
The Settlement Agreement at Section 3.6 describes the Released Claims in necessary legal terminology, so read it carefully.
You can talk to one of the lawyers listed in Question 14 for free or you can, of course, talk to your own lawyer at your own expense.
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What Happens if I Do Nothing At All?
If you do nothing, you will not get a payment from the Settlement, but Defendants will still implement or maintain the business practice commitments.
You will still be bound by all terms of the Settlement, which means you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against Defendants about the legal issues in this case.
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EXCLUDING YOURSELF FROM THE SETTLEMENT
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How Do I Exclude Myself from the Settlement?
The deadline to submit an exclusion request passed on April 17, 2026.
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If I Do Not Exclude Myself, Can I Sue the Defendants for the Same Thing Later?
No. If you do not timely submit your request for exclusion or fail to include the required information in your request for exclusion, you will remain a Settlement Class Member and will not be able to sue the Defendants about the claims that the Settlement resolves. If you do not exclude yourself from the Settlement, you will be bound like all other Settlement Class Members by the Court’s orders and judgments in this class action lawsuit, even if you do not submit a Claim Form.
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If I Exclude Myself, Can I Still Get a Settlement Payment?
No. You will not get money from the Settlement if you exclude yourself. If you exclude yourself from the Settlement, do not send in a Claim Form asking for benefits from the Settlement.
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THE LAWYERS REPRESENTING YOU
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Do I Have a Lawyer in the Case?
Yes. The Court has appointed the law firms of Hausfeld LLP; Berger Montague PC; Cohen Milstein Sellers & Toll PLLC; and Stueve Siegel Hanson LLP to represent Settlement Class Members as Settlement Class Counsel. Their contact information is as follows:
If you want to be represented by your own Lawyer, you may hire one at your own expense.
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How Will the Lawyers Be Paid?
Settlement Class Counsel will ask the Court to award up to $3,950,000 in attorneys’ fees and reasonable costs, for litigating this case and securing this settlement for the Settlement Class.
The Court must approve Settlement Class Counsel’s requests for fees and costs. Settlement Class Counsel will submit their request for fees by April 17, 2026, and that document will be available on the Important Document page of this website shortly after it is filed with the Court. The amount of fees that the Court ultimately awards to Settlement Class Counsel, if any, will not affect the amount of compensation to be paid to Settlement Class Members.
Settlement Class Members will have an opportunity to comment on and/or object to the request for attorneys’ fees and costs, as explained further in Question 16.
Any attorney fee award is ultimately determined by the Court. Please check the website regularly for updates regarding their request for attorneys’ fees and expenses.
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OBJECTING TO THE SETTLEMENT
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How Do I Tell the Court if I Do Not Like the Settlement?
The deadline to object to the Settlement passed on April 17, 2026.
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What Is the Difference Between Objecting to the Settlement and Excluding Myself from the Settlement?
Excluding yourself is telling the Court that you do not want to be part of the Settlement Class and do not want to receiveany benefits under the Settlement or release any of the claims resolved by the Settlement. If you exclude yourself, youhave no basis to object because the Settlement no longer affects you.
Objecting is telling the Court that you do not like something about the Settlement, the requested fees and/or costs. Youmay object only if you stay in the Settlement Class. You do not need to submit a Claim Form to object, but if you make anobjection, you must still submit a Claim Form to receive compensation under the Settlement.
Please note the deadline to object or exclude yourself passed on April 17, 2026.
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THE COURT’S FINAL APPROVAL HEARING
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When and Where Will the Court Decide Whether to Approve the Settlement?
The Court will hold a Final Approval Hearing on June 10, 2026, at 10:00 AM, in Courtroom 900 of the United States District Court for the Eastern District of Virginia, Alexandria Division, 401 Courthouse Square, Alexandria, Virginia 224314.
At the hearing, the Court will consider whether to give final approval to the Settlement and grant Settlement Class Counsel’s request for attorneys’ fees and costs. We do not know how long these decisions will take.
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Do I Have to Come to the Hearing?
No, you do not need to attend the Final Approval Hearing. Settlement Class Counsel will answer any questions the Court may have. If you wish to attend the hearing, you are welcome to come at your own expense. If you submit an objection to the Settlement, you do not have to come to Court to talk about it, but you have the option to do so if you provide advance notice of your intention to appear (see Question 20 below). As long as you submitted a written objection with all of the required information on time with the Court, the Court will consider it. You may have your own lawyer attend at your expense, but it is not required.
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May I Speak at the Hearing?
You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must file with the Court, on or before April 16, 2026, a written notice of intent to appear at the Final Approval Hearing. The address for the Court is provided in Question 18 above.
If you do not provide a notice of intention to appear in complete accordance with the deadline and specifications provided above, you may not be allowed to speak or otherwise present any views at the Final Approval Hearing.
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GETTING MORE INFORMATION
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How do I Get More Information?
This website summarizes the proposed Settlement. For further detail and definitions of any capitalized terms used in this website, please see the Settlement Agreement, available on the Important Documents page alongside other documents related to the Settlement.
You may also contact the Settlement Administrator for more information by emailing info@InfluencerMarketingClaims.com, calling toll-free at 1-877-837-7976, or writing
Capital One Shopping Settlement
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Settlement Administrator
P.O. Box 2019
Portland, OR 97208-2019
