Nissan Class Action Suit Update
Update: July 11, 2024
We are happy to report that this Class Action against Nissan Canada Inc. has settled.
The Court has approved the settlement of Grossman, et al. v. Nissan Canada Inc., et al. (Ontario Superior Court of Justice Court File No. CV-18-00590402-00CP) and Levy v. Nissan Canada Inc. (Superior Court of Quebec Court File No. 500-06-000907-184).
The Ontario Superior Court of Justice approved the Settlement on April 24, 2024, and the Superior Court of Quebec approved the Settlement on June 17, 2024. Settlement Class Members are now ale to make a Claim for compensation under the Settlement.
Notice of Settlement Approval and Claims Process
THE DEADLINE FOR SUBMITTING A CLAIM IS OCTOBER 21, 2024.
Settlement Class Members who wish to claim compensation under the Settlement must complete the Claim Form and provide the necessary supporting evidence (as listed on the Claim Form), on or before October 21, 2024.
A copy of the Claim Form and other court documents can be found on the Settlement Website: NISSAN CANADA DATA INCIDENT CLASS ACTION (nissandatasettlement.com)
Members of the settlement class in Ontario Action are those:
- Residents in Canada (excluding Quebec) who had active leases or loans with Nissan between December 22, 2016 and January 12, 2017.
Members of the settlement class in the Quebec Action are those:
- Residents in Quebec who had an active lease or loan with Nissan between December 22, 2016 and January 12, 2017; and
- Residents in Quebec who receive a letter from Nissan in January 2018 informing them of the Data Incident.
What is available under the Settlement?
Nissan has agreed to provide a settlement fund of CAD $1,820,000.00 to pay Settlement Class Member claims. This fund is divided into two funds: the “Documented Claims” fund and the “Undocumented Claims” fund. The Documented Claims fund is capped at a maximum of CAD $410,000 and the Undocumented Claims fund is capped at a maximum of CAD $1,410,000. This is the maximum amount that will be paid by Nissan in satisfaction of any Documented Claims and Undocumented Claims.
Settlement Class Members are entitled to submit a claim for either a Documented Claim or an Undocumented Claim as described below:
- Documented Claims: Settlement Class Members who have suffered damages, losses, costs and/or unreimbursed expenses caused by the Data Incident 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 Incident in the Quebec Action), are eligible for the reimbursement of such damages up to CAD $2,500.
- 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 are entitled up to CAD $35 for reimbursement of lost time.
For more information about the Settlement, including how to make a Claim and any questions, contact the Nissan Canada Data Incident Class Action Settlement Claims Administrator:
Nissan Data Class Action
c/o RicePoint Administration Inc
P.O. Box 3355
London, ON N6A 4K3
Telephone: 1-877-206-7028
Website: NISSAN CANADA DATA INCIDENT CLASS ACTION (nissandatasettlement.com)
Update: March 18, 2024 – a proposed settlement has been reached in this class action lawsuit. For more information on settlement benefits and dates, please visit this website: Nissan Data Incident Class Action Settlement Website
Update: October 23, 2019 – the Ontario Superior Court of Justice Certified this Action as a Class Action. A Notice Plan with details of the Notice of Certification was approved by the Court on December 10, 2021.
Full details about the Action, the rights and options of class members, the lawyers representing you, the steps in the proceeding, and how to obtain more information are located here.
Class Members who are part of the defined Class will be automatically participating, unless they choose to exclude themselves. Should you wish to exclude yourself from participation, you will need to fill out and submit an “Opt-Out” form, and email it to RicePoint Administrators Inc., located here.
Stay tuned for further updates as the Action progresses.
Nissan Class Action Suit
Case Overview:
This class action is brought against Nissan Canada, Nissan Canada Finance, Nissan North America for mainly breach of privacy, breach of contract and negligence, as well as vicarious liability for the intrusion upon seclusion committed by their unknown employee.
An undated letter which many received in January 2018 from Nissan Canada was sent to customers indicating that on December 11, 2017 Nissan discovered a data breach.
The letter does not indicate when or how the breach occurred.
The impacted private data, according to the letter, included:
Customer names
Address
Vehicle make and model
Vehicle identification number (VIN)
Credit score
Loan amount
Monthly payment
Assets
On October 29, 2019, Superior Court of Justice Edward Belobaba released his reasons granting the Plaintiffs’ motion for certification of the action to proceed as a class action. The reasons can be accessed here.
In Courts view, the most appropriate class definition for certification is: “All persons resident in Canada, including their estates, executors or personal representatives but excluding persons resident in Quebec, who (1) provided personal information to one or more of the defendants (or any of their affiliates or subsidiaries) when financing a lease or purchase of a Nissan vehicle over the five years ending on December 11, 2017 and (2) received a notice letter from Nissan about the December 2017 data breach.”
The law firms of Landy Marr Kats, McKenzie Lake, & Du Vernet, Stewart commenced the class action.If you want any further information about this class action, please email us at nissandatabreachclassaction@lmklawyers.com