A federal judge has ruled that Capital One must face a class-action lawsuit from social media creators who allege the bank’s Shopping browser extension diverts their affiliate marketing commissions through deceptive practices, per Reuters.

U.S. District Judge Anthony Trenga in Alexandria, Virginia, determined that creators plausibly alleged Capital One knew or should have known that its browser extension diverted commissions by overriding tracking codes and cookies that demonstrate consumers viewed their content. The judge allowed claims for unjust enrichment, contract interference, and violations of the federal Computer Fraud and Abuse Act to proceed.

The proposed class action centers on affiliate marketing, where creators promote products through specialized links and earn commissions when consumers make purchases through these links. Creators allege Capital One Shopping, used by more than 10 million people to find discounts, makes it appear at checkout that consumers made purchases after clicking the bank’s referral links rather than the creators’ original links.

Extension Accused of Cookie Replacement

The lawsuit alleges Capital One Shopping systematically appropriates commissions by swapping out influencers’ affiliate marketing browser cookies with its own. Plaintiffs Jesika Brodiski and Peter Hayward claim this practice allowed Capital One to collect millions of dollars in commissions that creators had “rightfully earned.”

Brodiski, who shared affiliate links for Walmart products on social media and earned approximately $20,000 through affiliate marketing in 2024, alleges her earnings were reduced when the extension replaced her cookies during users’ checkout processes. Hayward, part of Amazon’s affiliate program, makes similar allegations about tag replacement.

Capital One disputes the allegations, stating that “Capital One Shopping does not replace affiliate marketer cookies or unlawfully take credit for commissions.” The bank previously argued that merchants decide commission allocation and suggested the lawsuit reflects creators’ frustration that merchants “do not always share their view that they did all the work.”

According to Business Insider, the case highlights the marketing practice of “last-click attribution,” where the final piece of content a user engages with before purchasing receives credit for the sale. Industry participants often adhere to “stand down” practices to avoid overriding other affiliates’ cookies, according to the lawsuit.

The Capital One case follows similar litigation against other major technology companies. PayPal faces a lawsuit from attorney and YouTube creator Devin Stone over its Honey browser extension, which allegedly diverts creator commissions through comparable practices.