Chrysler Financial (DaimlerChrysler / TD Auto Finance Services Inc.) – Data Breach / Loss of Personal Information – National Class Action

Date of Initial Application: May 22, 2012

CLASS ACTION NOTICE
AUTHORIZATION OF A DATA BREACH CLASS ACTION CONCERNING THE LOSS OF THE PERSONAL INFORMATION OF CUSTOMERS WHO IN MARCH 2008 LEASED A CHRYSLER, DODGE OR JEEP VEHICLE FROM DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. (NOW KNOWN AS TD AUTO FINANCE SERVICES INC.)

In March 2008, a Data Tape containing the personal information of all DaimlerChrysler Financial Services Canada Inc. (“Chrysler Financial”) vehicle lease customers across Canada was lost (approximately 239,277 customers). The personal information on the lost or stolen Data Tape contained some or all of the following information: the customer’s name, address, phone number, social insurance number, date of birth, as well as other information related to the status and history of the customer’s credit file with Chrysler Financial.

If, on or before March 12, 2008, you leased a vehicle from Chrysler Financial (including, without limitation: Chrysler, Dodge or Jeep vehicles), your personal information was likely included in the lost Data Tape. You may also have received a notification letter from Chrysler Financial in March or April 2008, informing you of the loss of your personal information.

TAKE NOTICE that on January 19, 2015, the Honourable Mr. Justice Lacoursière of the Superior Court of Québec authorized the bringing of a class action against Defendant TD Auto Finance Services Inc., formerly DaimlerChrysler Financial Services Canada Inc. (“Chrysler Financial” or “Defendant”), and ascribed the status of representative to Mr. Maxime Belley (“Petitioner” or “Plaintiff”) to act on behalf of the following Group:

All persons (including their estates, executors, or personal representatives), consumers, corporations, firms, businesses, and other organizations, in all of Canada, whose personal information was stored or saved on a data tape, which was lost by Respondent while in transit on or about March 12, 2008.

This class action will be brought in the Province of Quebec, District of Montreal.

If you wish to exclude yourself from the class action, you must notify the clerk of the Court no later than May 28, 2016, by registered or certified mail at the following address:

Clerk

Superior Court of Quebec

1 Notre-Dame Street East

Montreal, Quebec, H2Y 1B6

You must state that you wish to exclude yourself from the class action of Maxime Belley v. TD Auto Finance Services Inc. (case number 500-06-000615-126).

A Class Member who has not requested his exclusion by May 28, 2016 will be bound by any judgment rendered in the class action.

If you wish to remain included in the class action, you have nothing to do.

For further information about this class action, consult the information and documents posted on this page or contact our firm.

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LEX GROUP Inc. has launched and is pursuing a national class action on behalf of all Canadians whose personal information was stored or saved on a data tape, which was lost by Daimlerchrysler Financial Services Canada Inc. while in transit on or about March 12, 2008.

On November 1, 2011, Daimlerchrysler Financial Services Canada Inc. amalgamated with other entities to become TD Auto Finance Services Inc. The latter company is therefore the named Respondent being sued in this class action.

According to the information collected thus far, close to 240,000 Canadians who as at March 12, 2008 had a lease for an automobile or truck with Daimlerchrysler Financial Services Inc. had their personal information contained in the data tape which was lost.  The lost data tape was being sent using UPS (United Parcel Service) from Daimlerchrysler Financial Services Canad Inc.’s Michigan, USA office to a credit reporting agency in the province of Quebec.  Including in the personal information which was lost was the class members’ name, address, phone number, date of birth, and in certain cases their social insurance number, as well as other information related to the status history of the customer’s credit file with Daimlerchrysler Financial Services Inc.  A letter had been sent by Daimlerchrysler Financial Services Inc. in March or April of 2008 informing the class members in question of the loss of information in question, however, it cannot be ascertained if all the class the members indeed received said notification letter.

Based on the information collected, we are informed that the personal information stored on the lost data tape was not encrypted and that the data tape was never recovered.

If you or someone you know had a lease with Daimlerchrysler Financial Services Inc. (including but without limitation concerning a Chrysler, Dodge or Jeep vehicle) as at March 12, 2008, your personal information may have been compromised and you may be entitled to compensation should the case be successful in the future by way of final judgment or settlement approved by the Court.

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

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    Disclaimer: The Lex Group website is not intended to create an attorney-client relationship between you and the firm. By submitting your information to us, you are not creating an attorney-client relationship with the firm. An attorney-client relationship may be formed only after we check for conflicts of interest and the firm and you sign a mandate agreement. The firm may contact you about your legal claim to discuss representation options. Because of the volume of e-mails, we cannot promise to respond to every submission.
    In any class action lawsuit, it is the Court that must approve and determine who will be eligible for participation in the class. If you feel that you may qualify for damages or remedies that might be awarded in this class action litigation, we request that you fill out and submit the above form to help us determine if you are a legitimate member of the class or to make sure that you receive any future Court mailings about the case. However, the return of the above form does not guarantee you any type of compensation whatsoever.