22 May Chrysler Financial_DaimlerChrysler (TD Auto Finance Services Inc.) Data Breach – National Settlement
Date of Initial Application: May 22, 2012
PRE-APPROVAL NOTICE TO CLASS MEMBERS
PROPOSED SETTLEMENT AGREEMENT
DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. (ALSO KNOWN AS TD AUTO FINANCE SERVICES) LOST DATA TAPE CLASS ACTION
On January 19, 2015, the Honourable Louis Lacoursière of the Superior Court of Québec authorized a class action brought by the Plaintiff Belley on behalf of “all persons in Canada whose personal information was stored or saved on a DaimlerChrysler Financial Services Canada Inc. Data Tape which was lost while in transit on or about March 12, 2008”. A Settlement Agreement was recently reached between the parties, which is subject to the approval of the Superior Court of Québec.
PROPOSED SETTLEMENT AGREEMENT
The Settlement provides that Daimler Financial Services Canada Inc. now known as TD Auto Finance Services (“TD Auto”), without admission of liability, will pay a maximum capped amount of $175,000.00 CAD which will be used to pay those Class Members who suffered an actual and direct loss caused by the loss of the Data Tape. The Settlement further provides for the payment of an indemnity to Class Members for time spent dealing with any type of Substantiated Loss and who submit a verified and approved Substantiated Claim up to a maximum of two (2) hours of Lost Time, calculated at a rate of $20.00 CAD per hour, for each category of approved Substantiated Claim.
In addition, TD Auto will pay: 1) the fees of the Claims Administrator up to a maximum total cap of $75,000.00 CAD; 2) the cost related to the notices sent to Class Members up to a maximum cap of $75,000.00 CAD; 3) Class Counsel’s fees, costs and expenses, in the amount of $150,000.00 CAD plus taxes, as well as 4) the Class Plaintiff’s claim in the amount of $5,000.00 CAD. None of these amounts will affect or reduce the amount payable to Class Members for Substantiated Claims.
A copy of the Settlement Agreement, the Pre-Approval Order, and other related documentation is available online this page and at www.ChryslerFinancialLostDataTape.ca.
AM I A CLASS MEMBER?
You are a Class Member if you are a resident of Canada whose personal information was stored or saved on the Data Tape that was lost while in transit on or about March 12, 2008. You may have been notified of this incident in writing on or about March 27, 2008, or in February of 2016.
WHAT ARE MY OPTIONS?
If you are a Class Member, you have the following two (2) options:
- If you do not wish to contest the approval of the Settlement Agreement you have nothing to do for the time being. If the Settlement Agreement is approved by the Court, you will then have to submit a valid Claim Form before the expiry of the Claim Period in order to obtain compensation for your losses which will be verified by the Claims Administrator; or
- Contest or comment on the approval of the Settlement Agreement. To object to or comment on the Settlement Agreement, you must deliver a written objection explaining the reasons for your objection / your comments by no later than February 12, 2020.
Explanations, deadlines and details regarding the process of objecting to the Settlement are set out in the Settlement Agreement and on the Settlement Website at www.ChryslerFinancialLostDataTape.ca.
SETTLEMENT AGREEMENT PRE-APPROVAL HEARING
A hearing during which the Court will be called upon to approve the Settlement Agreement, has been set on February 27, 2020 at the Montreal Courthouse, 1 Notre-Dame Street East, Montréal, Québec, H2Y 1B6, in room 15.07 at 9:30 a.m. EST.
At this hearing, the Court will hear any objection(s)/comments raised by Class Members with respect to the proposed Settlement Agreement, in accordance with the deadlines and procedure set forth in the Settlement Agreement.
If you are a 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.
HOW DO I SUBMIT A CLAIM?
If the Settlement is approved, a further Notice will be issued which will identify and explain how Class Members can submit a claim.
HOW DO I OBTAIN MORE INFORMATION?
For more information, please contact:
Court appointed Claims Administrator
Epiq Class Action Services Canada Inc.
DaimlerChrysler Financial Lost Data Tape
Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
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 Pre- Approval Notice shall have the meaning ascribed in the Settlement Agreement.
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:
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.
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.