Capital One Must Continue to Face Influencer Commission Suit (1)

Capital One Financial Corp. must defend against a proposed class action alleging it poaches affiliate marketing commissions from influencers through its “Capital One Shopping” browser extension, a federal district court said.

Storm Productions LLC adequately raised an unjust enrichment claim against Capital One, and adequately alleged that the company intentionally interfered with contractual relations, Judge Anthony J. Trenga of the US District Court for the Eastern District of Virginia said in a Monday order, partially denying Capital One’s motion to dismiss.

The dispute concerns tracking practices and affiliate marketing, a “multi-billion dollar industry” in which content creators—also referred to as ...