If you received a notice in the mail about the Kromrey et al. v. Capital One Class Action Settlement, stop.
That letter confirms something terrifying: Capital One admitted they may have falsely reported you as “Deceased” to the credit bureaus.
They have agreed to pay a $2.4 million settlement to resolve these claims. While that sounds like a lot of money, accepting it means you give up your right to sue them individually. Before you let them off the hook, you need to know what your case is actually worth.
The “Deceased” Trap: Why $1,500 Might Not Be Enough
Because the class size is small (only about 1,142 people), the estimated payout for this settlement might be higher than a normal class action—potentially $1,000 to $1,500 per person.
This is a trap. Capital One wants you to take that money because it is cheap compared to what they would owe you in a real lawsuit.
In an individual FCRA lawsuit, a “False Death” report is a Tier 1 violation. If this error caused you to lose a mortgage, get denied for credit cards, or suffer emotional distress, juries and settlements often value these cases at $50,000, $100,000, or more.
Ask yourself:
- Did you get denied for a home loan because the bank thought you were dead?
- Did your other credit cards (Chase, Amex, Citi) suddenly close your accounts?
- Did you spend months fighting to prove you are alive?
If you answered “Yes,” your damages are likely far higher than what this class action offers.
Crucial Deadline: February 18, 2026
You are on a ticking clock. To preserve your right to sue for full damages, you must formally Opt-Out (Exclude Yourself) from the settlement.
The deadline to mail your Exclusion Request is February 18, 2026.
If you do nothing, you are automatically included in the class. You will get the smaller check, and you will lose your right to sue forever.
How We Handle Individual “False Death” Cases
We do not file claim forms. We file federal lawsuits.
- Step 1: We review your credit reports to confirm the “Deceased” notation and the history of your disputes.
- Step 2: We document the “Actual Damages” you suffered (denied loans, lost opportunities, emotional stress).
- Step 3: We Opt You Out of the class action and file an individual case against Capital One.
Cost: You pay nothing out of pocket. Under the FCRA, Capital One pays our legal fees if we win.
Don’t Settle for Pennies on the Dollar.
Did you get the Kromrey Settlement Notice? Don’t guess. Let a lawyer do the math.
Upload Your Notice for a Free Review
I will review your damages and tell you if you should Opt-Out before the Feb 18 deadline.