Capital One Stock Surges Amid Legal Battle Over Affiliate Marketing Commission Theft Ranking 93rd in Market Turnover

On June 3, 2025, Capital One Financial Corporation (COF) saw a 2.18% increase in its stock price, marking two consecutive days of gains with a total increase of 3.43%. The company's trading volume for the day was 8.98 billion, ranking it 93rd in the overall market turnover.

Capital One is currently facing a significant legal challenge from social media creators who allege that the company's free browser extension, Capital One Shopping, has been stealing their sales commissions. The lawsuit, which is part of the broader Affiliate Marketing Litigation, claims that the extension misappropriates commissions by overriding affiliate tracking codes, thereby diverting earnings that would otherwise go to the creators. The plaintiffs, including Ahntourage Media LLC, Just Josh, Inc., Storm Productions LLC, TechSource Official, and ToastyBros, LLC, argue that Capital One's actions constitute unfair competition and violate various state and federal laws, including the Computer Fraud and Abuse Act and the California Unfair Competition Law.

The legal battle centers around the use of affiliate marketing, a multi-billion-dollar industry that relies on tracking technologies to attribute sales to the correct creators. Capital One's extension is accused of using "cookie stuffing" techniques to alter tracking codes, effectively stealing commissions from influencers. The plaintiffs have presented expert test purchases and statistical analyses to support their claims, showing a high probability that Capital One's extension has diverted commissions from numerous creators.

Capital One has filed a motion to dismiss the lawsuit, arguing that the plaintiffs have not sufficiently alleged a cognizable injury or that the harm is fairly traceable to the company's actions. However, the court has partially granted the motion, dismissing counts related to conversion, New York General Business Law, California Unfair Competition Law, California Comprehensive Computer Data Access and Fraud Act, and Pennsylvania Computer Offenses Law. The remaining counts, including unjust enrichment, tortious interference with prospective economic advantage, and tortious interference with contractual relations, will proceed.

The outcome of this litigation could have significant implications for Capital One's financial performance and its reputation in the affiliate marketing industry. If the plaintiffs succeed, it could lead to substantial financial penalties and changes in how Capital One operates its browser extension. Conversely, a victory for Capital One could set a precedent for how companies can use browser extensions to enhance user experience without infringing on the rights of affiliate marketers.