Nissan Canada Finance AND INFINITI Financial Services Canada – Data Breach Class Action

Date of Initial Application: February 12, 2018

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.