| Amid
Capital One
Discover
Merger Delay
Judge Denies
Motion to
Dismiss, No
Jury Trial
Waiver
by
Matthew R. Lee
SOUTH
BRONX, Nov
18 – Capital One has applied
to buy Discover, in an
anticompetitive deal that
should be rejected by
regulators if they mean what
they have been saying.
On September 4,
Fair Finance Watch and Inner
City Press submitted
supplemental opposition to the
regulators, including about a
newly filed class action that
"demonstrates Capital One's
outrageous, illegal, and
widespread practice of
disclosing—without consent—the
Nonpublic Personal
Information1 and Personally
Identifiable Financial
Information2 (together,
“Personal and Financial
Information”) of Plaintiffs
and the proposed Class Members
to third parties, including
Meta, Google, Microsoft,
DoubleClick, NewRelic, Adobe,
Everest, Skai/Kenshoo,
Snowplow, BioCatch, Tealium,
and possibly others."
Meanwhile Capital
One's "Astro-turfing"
continues - for example in
California, here.
In mid-November in
the Capital One 360 class action
against the bank, the court
denied Capital One's motion to
dismiss and motion to strike the
Plaintiffs' jury demand, finding
that Plaintiffs' claims are not
preempted by the National Bank
Act. Plaintiffs alleged that
Capital One, N.A. (CONA) "acted
dishonestly" when it "created an
account that would reasonably
cause confusion and then
concealed information that would
otherwise lead consumers to
discover the distinction between
the two savings accounts."
Capital One failed to prove that
there was any knowing and
voluntary waiver of the
Plaintiffs' Seventh Amendment
right to a trial by jury.
It's on... Inner City Press will
stay on it.
***
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