NISSAN CANADA INC. DATA INCIDENT CLASS ACTION SETTLEMENT

Date of Initial Application: February 12, 2018

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NISSAN CANADA INC. DATA INCIDENT CLASS ACTION

THIS IS A FORMAL NOTICE OF A PROPOSED SETTLEMENT OF CLASS ACTIONS OF WHICH YOU MAY BE A MEMBER OF THE CLASS. PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.

This notice is for all persons in Québec: (i) whose personal or financial information held by Nissan Canada Inc. (“Nissan”) was compromised in a data breach of which Nissan was advised by the perpetrators by email on December 11, 2017, or (ii) who received a letter from Nissan on or about January 2018 informing them of such data breach (“Québec Class” or “Québec Class Members”).

 

PROCEEDINGS

On April 28, 2021, a class action was authorized against Nissan in the matter of Levy v. Nissan Canada Inc., Superior Court of Quebec Court File No.: 500-06-000907-184 relating to a data security incident (the “Data Incident”) occurring on or about December 11, 2017 (the “Québec Action”). Nissan denies any wrongdoing, and no court has concluded to any wrongdoing by Nissan. The parties have instead decided to settle the lawsuit.

This Notice is to inform you that a proposed settlement has been reached in the Québec Action as well as in a certified class action lawsuit in Ontario against Nissan, Nissan Canada Financial Services Inc./Services Financiers Nissan Canada Inc. and Nissan North America, Inc. in the matter of Grossman and Arntfield v. Nissan Canada Inc., c.o.b. as Nissan Canada Finance and c.o.b. as Infiniti Financial Services Canada, Nissan Canada Financial Services Inc., Services Financiers Nissan Canada Inc. and Nissan North America, Inc., Ontario Superior Court of Justice Court File No. CV-18-00590402-00CP (the “Ontario Action”).

The proposed settlement applies to Québec Class Members as well as class members in the Ontario Action (“Settlement Class” or “Settlement Class Members”).

PROPOSED SETTLEMENT AGREEMENT

Nissan has agreed to provide, without any admission of liability, a capped settlement fund of CAD $1,820,000.00 to pay Settlement Class Member claims.

1. Documented Claims: Settlement Class Members who have suffered damages, losses, costs and/or unreimbursed expenses caused by the Data Incident (including as a result of having received a letter informing them of the Data Security Incident in the Québec Action) and who submit a claim form evidencing (i) their membership in the Settlement Class; and (ii) documented damages incurred as a result of the Data Incident (including as a result of having received a letter informing them of the Data Security Incident in the Québec Action), would be eligible for the reimbursement of such damages up to CAD $2,500, less the levy payable to the Fonds d’aide aux actions collectives, which is equal to 2% for any claim that is less than $2,000 or 5% for any claim exceeding $2,000.
2. Undocumented Claims: Settlement Class Members who do not have documentation or proof of damages and who submit a claim form establishing their membership in the Settlement Class would be entitled to CAD $35 for reimbursement of lost time, less 2% for the levy payable to the Fonds d’aide aux actions collectives.

If the total amount of claims to Settlement Class Members exceeds the total amount allocated for either the Documented Claims or the Undocumented Claims, the individual payments to Settlement Class Members may be reduced on a pro rata basis (proportionally).

A copy of the settlement agreement and other related documentation is available online at www.nissandatasettlement.com.

SETTLEMENT AGREEMENT APPROVAL HEARING

Before the Settlement Agreement becomes effective, the Superior Court of Québec (the “Court”) must approve both the Settlement Agreement and the fees and expenses of class counsel, Lex Group Inc. (“Class Counsel”). The Court will review them to ensure that they are fair, reasonable and in the best interests of Class Members. You have nothing to pay.

The Approval Hearing will take place on June 6, 2024 at 9:30 A.M. before the Court, at the Montreal Courthouse, 1 Notre‐Dame Street East, in Montréal, Québec, Canada, in room 2.08 (or any other courtroom which will be indicated by the posting of a sign outside of courtroom 2.08 or designated by the Judge sitting in room 2.08). At this hearing, the Court will hear any objection(s) raised by Settlement Class Members with respect to the proposed Settlement Agreement, in accordance with the deadlines and procedure set forth in the Settlement Agreement. Settlement Class Members who do not oppose the proposed settlement are not required to attend this hearing or to take any action to indicate that they intend to be bound by it.

If you are a Settlement Class Member and do not object to the settlement, you do NOT have to do anything and you do NOT have to attend the settlement approval hearing.

AM I A CLASS MEMBER?

You are a Settlement Class Member if you are a Québec resident and correspond to one of the two following categories:

1. Your personal or financial information held by Nissan was compromised in the Data Incident;

OR

2. You received a letter from Nissan on or about January 2018 informing you of such Data Incident.

 

WHAT ARE MY OPTIONS?

If you are a Settlement Class Member, you have the following two (2) options:

1. Do nothing. If you do nothing, you will stay in the Class Action and be bound by the Settlement Agreement, if approved by the Court. If the Settlement Agreement is approved, you will then be eligible to participate in the settlement and make a valid claim before [100 days from the first dissemination of the Approval Notice] in order to obtain compensation for a Documented Claim of up to $2,500 (less the levy payable to the Fonds d’aide aux actions collectives) if you provide documentary evidence of your losses, or an Undocumented Claim of up to $35 if you do not have such evidence (less the levy payable to the Fonds d’aide aux actions collectives); or
2. Object to or comment on the settlement if you disagree with the Settlement Agreement. To object to or comment on the Settlement Agreement, refer to the next section.

 

Note that Québec Class Members who have already excluded themselves from the Québec Action (opted-out) cannot object to or comment on the Settlement Agreement and will not be eligible to participate in the settlement, if approved.

 

WHAT IF I DISAGREE WITH THE PROPOSED SETTLEMENT?

What should I do if I disagree with the proposed settlement?

If you disagree with the proposed settlement, you can object to or comment on it by completing an objection form setting out the reasons why. The objection form is available online at http://www.nissandatasettlement.com. The objection form must be completed on or before May 30, 2024 and sent to the Court with copy submitted by mail to the Claims Administrator.

You may also attend the Approval Hearing which will take place on June 6, 2024 in order to present your objection to the Court, but are not required to do so. After May 30, 2024, any objections must be made in person at the Approval Hearing.

HOW DO I OBTAIN MORE INFORMATION?

The Settlement Agreement and further detailed information, including relevant judgments, are on the Settlement Website at www.nissandatasettlement.com.

 

For more information, please contact :

 

Claims Administrator RicePoint Administration Inc. Nissan Data Incident Class Action P.O. Box 3355 London, ON N6A 4K3

Class Counsel Lex Group Inc. 4101 Sherbrooke Street West Montréal, QC H3Z 1A7 514-451-5500 (ext. 101) / [email protected]

Please note that in case of any discrepancy between the terms of this Notice and the Settlement Agreement, the terms of the Settlement Agreement shall prevail. Any term not defined in this Notice shall have the meaning ascribed in the Settlement Agreement.

The publication of this notice has been authorized by the Superior Court of Quebec.

______________________________________________________________

 

NOTICE TO CLASS MEMBERS 

NISSAN CANADA INC. DATA BREACH CLASS ACTION 

Proceedings 

On April 28, 2021, the Court of Appeal of Québec authorized the bringing of a class action against Nissan Canada Inc. (which also operates under the names Nissan Canada Finance, Infiniti, Infiniti Financial Services, Services Financiers Infiniti, Services Financiers Mitsubishi Motors, Mitsubishi Motors Financial Services, and Mitsubishi Motors Services Financiers) regarding a data breach which occurred on or before December 11, 2017.  Plaintiff Ms. Lévy was ascribed the status of representative to act on behalf of the Class Members.

 

Who is affected?

You are affected by the class action if you are in Québec and correspond to one of the two following categories: 

1. Your personal or financial information held by Nissan Canada Inc. was compromised in a data breach of which Nissan Canada Inc. was advised by the perpetrators by email on December 11, 2017; 

OR

2. You received a letter from Nissan Canada Inc. in or about January 2018 informing you of such data breach.

 

If the class action is successful, all persons in Québec corresponding to one of the two categories mentioned above may be eligible to receive compensation.

As a Class Member, you do not have to pay for the attorneys’ fees which will be paid only if the class action is successful. You therefore have nothing to pay unless you receive compensation.

 

Relevant information concerning the progress of the class action:

In the context of the legal proceedings in this case, which will occur in the District of Montréal, Ms. Lévy will ask the Court to determine whether Nissan Canada Inc. failed to adequately protect its clients’ personal or financial information and whether it committed faults after learning of the data breach. The Court will also have to determine if Nissan Canada Inc. is liable to pay damages, including punitive damages to the Class Members (including Nissan, Infiniti and Mitsubishi clients in Canada) and if so in what amounts.

If you wish to exclude yourself (opt out) from the class action and avoid being bound by the judgment which will be rendered, you must send a notice no later than December 17, 2021, by registered or certified mail to the clerk of the Superior Court of Québec in Montréal (with a copy to [email protected]). The full procedure for opting out is explained in the Long Form version of the present notice.

If you wish to be included in the class action, you have nothing to do. As a Class Member, you have the right to intervene in the present class action.

Please consult this website for the Long Form version of the present notice, including the full text of the principal issues / questions that the Court will be asked to deal with collectively and the list of orders that Ms. Lévy is asking the Court to issue once it has decided these questions.

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Lex Group Inc. has launched a national class action against Nissan Canada Inc. regarding the data breach that involved unauthorized person(s) gaining access to the personal information of NISSAN and INFINITI clients in Canada, namely the clients who financed or leased a vehicle through Nissan Canada Finance or INFINITI Finance Services Canada.

The stolen personal information includes without limitation the customer’s name and address, the vehicle make and model, the vehicle identification number (VIN), the client’s credit score, the loan amount and monthly payment.

Nissan Canada Finance has informed certain affected clients by way of letter.

Accordingly, if you financed or leased a vehicle in Canada through Nissan Canada Finance or INFINITI Finance Services Canada, your personal information may have been lost, stolen or compromised and you may be part of the proposed Class defined by the class action initiated by our office.

Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish 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 application for authorization to institute a 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.