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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