National Settlement Approved in the Nissan Data Incident Class Action

MONTREAL, July 11, 2024 /CNW/ - On June 17, 2024, the Superior Court of Québec approve the settlement of a class action lawsuit commenced against Nissan Canada Inc. in the matter of Levy v. Nissan Canada Inc., Superior Court of Quebec Court File No.: 500 06 000907 184. The Ontario Superior Court of Justice previously approved the settlement of the class action lawsuit commenced in Ontario against Nissan, Nissan Canada Financial Services Inc./Services Financiers Nissan Canada Inc. and Nissan North America, Inc. ("Nissan") 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, on April 24, 2024, which approval was contingent upon the settlement approval in Quebec.

The lawsuits allege that Nissan is liable for damages resulting from an incident in which it received an anonymous email from an unknown individual claiming to have information about Nissan customers, and demanding a ransom be paid to return the data (the "Data Incident"). Nissan denies any wrongdoing, and none of the allegations of the lawsuit have been proven.

Class members include: (i) residents in Québec who had active leases or loans with Nissan between December 22, 2016 and January 12, 2017; (ii) residents in Québec who received a letter from Nissan on or about January 2018 informing them of the Data Incident; and (ii) residents in the rest of Canada (excluding Québec) who had active leases or loans with Nissan between from December 22, 2016 and January 12, 2017.

Nissan has agreed to provide a fund of CAD $1,820,000.00 to settle the two lawsuits. Class members who have suffered damages, losses, costs and/or unreimbursed expenses caused by the Data Incident (and/or, for Québec residents, as a result of the receipt of a letter from Nissan on or about January 2018 informing them of the Data Incident) would be eligible for the reimbursement of such damages up to a maximum of CAD $2,500. Class members who do not have documentation or proof of damages and who submit a claim would be entitled to up to a maximum of CAD $35 for reimbursement of lost time. 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).

The period for submitting a claim begins on July 11, 2024, and runs until October 21, 2024, at 11:59 PM EST.

This is just a summary. For more detailed information on how to make a claim and to view the Settlement Agreement, Court-approved notices, Judgments and other documents, please visit the settlement website www.nissandatasettlement.com.

SOURCE McKenzie Lake Lawyers LLP, Landy Marr Kats LLP, Du Vernet, Stewart, and Lex Group Inc.