If you had an active lease or loan with Nissan between Dec. 22, 2016 and Jan. 12, 2017, you could be eligible for a share of a proposed $1.82-million class action lawsuit settlement resulting from an incident in which customer data was held for ransom.
What’s happening?
In 2018, a class action commenced in Ontario against Nissan Canada Inc., Nissan Canada Financial Services Inc. and Nissan North America, while a second class action in Quebec was launched against Nissan Canada Inc. These lawsuits alleged Nisan is liable for damages stemming from a data incident in which an anonymous email was received by the company on Dec. 11, 2017 from an unidentified attacker who claimed to have information on its customers. The email demanded payment to return the data.
In order to settle the class actions, Nissan has agreed to provide a settlement fund of $1.82 million in order to pay claims for eligible members. At the same time, Nissan does not admit any of the allegations and none of the allegations have been proven in court.
Who is eligible?
Members of the settlement class for the action filed in Ontario include residents from across Canada, except Quebec, who had active leases or loans with Nissan between Dec. 22, 2016 and Jan. 12, 2017. Members of the settlement class in the Quebec action include Quebec residents who had an active lease or loan with Nissan between Dec. 22, 2016 and Jan. 12, 2017 or who received a letter from Nissan in January 2018 informing them of the data incident.
How much could I receive?
If the proposed settlement is approved by the courts, settlement class members will be able to submit a claim for either a documented or undocumented claim.
You might be interested in
Settlement class members who suffered damages, losses, costs or unreimbursed expenses due to the data incident and who are able to submit a claim form detailing these with supporting evidence could receive up to $2,500.
Those who do not have documentation or proof of damages and who submit a claim form establishing their eligibility are entitled to a payment of $35.
What happens next?
The approval hearing for the Ontario action is scheduled to occur on April 24 at the Ontario Superior Court of Justice in Toronto. A date has not yet been set for the Quebec action. If you wish to participate, you don’t have to do anything until after the settlement is approved.
What if I don’t agree with the settlement?
You may object to the settlement before the courts consider whether to approve it and attend an approval hearing.
If you are a settlement class member in the Ontario action and wish to object, you must provide the lawyers representing the class in Ontario with a completed objection form by April 4.
If you are a settlement class member in the Quebec action and wish to object, you must send a completed objection form to the clerk of the Superior Court of Quebec, along with a copy to the lawyer involved in the Quebec action. The deadline to send the objection form will be specified at a later date.
Where can I go for more information?
For the most up-to-date information on these cases, visit www.nissandatasettlement.com.
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