Update – July 11, 2024
We are pleased to announce that the Settlement of the class action lawsuits against Nissan Canada Inc., Nissan Canada Financial Services Inc., and Nissan North America, Inc. (“Nissan”), titled 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), have been approved by the Court.
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)
Am I a Settlement Class Member?
Members of the settlement class in Ontario Action include:
- 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 include:
- Residents in Quebec who had an active lease or loan with Nissan between December 22, 2016 and January 12, 2017;
- Residents in Quebec who receive a letter from Nissan in January 2018 informing them of the Data Incident.
What is available under the Settlement?
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 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 to up to CAD $35 for reimbursement of lost time.
For more information about the Settlement, including how to make a Claim and answers to frequently asked 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)
Approval Reasons (QC)
Settlement Approval Order (ON)
Notice (Short-Form)
Notice (Long-Form)
Update – March 19, 2024
We are pleased to announce that a proposed Settlement has been reached in the Nissan Data Incident Class Action.
In 2018, class actions were filed in Ontario and Quebec against Nissan Canada Inc., Nissan Canada Financial Services Inc., and Nissan North America, Inc. (“Nissan”). The lawsuits allege that Nissan is liable for damages resulting from an incident in which it received an anonymous email from an unknown attacker on or around December 11, 2017, claiming to have information about Nissan customers and demanding a ransom be paid to return the data (the “Data Incident”).
Nissan does not admit any of the allegations, and none of the allegations have been proven. The parties have instead decided to settle the lawsuits.
For more information about the proposed Settlement, including important dates and Settlement benefits, please see the attached Notice and visit the following website: NISSAN CANADA DATA INCIDENT CLASS ACTION (nissandatasettlement.com)
Settlement Agreement (English)
Entente de règlement (Français)
Ontario Action – Long Form Pre-Approval Notice
Update – December 20, 2021
On 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.
Update – October 29, 2019
On October 29, 2019, the Ontario Superior Court of Justice certified this proceeding to move forward as a class action on behalf of all residents of Canada (excluding Quebec – there is a separate proceeding in Quebec) who provided personal information to Nissan and received a letter stating that their personal information may have been compromised.
Here is a copy of the certification decision.
On December 21, 2017, Nissan Canada Financial Services Inc. and Nissan Canada Inc. announced that on December 11, 2017, they became aware that an unauthorized person(s) gained access to the personal and confidential information of its customers. This security incident resulted in the personal and confidential information of approximately 1.13 million customers being compromised, stolen, and/or disclosed.
Contact Us
If you financed a vehicle through Nissan Canada Finance or INFINITI Financial Services Canada and received correspondence from them advising you that your personal information has been compromised, please contact us directly by email or by phone at 1-844-672-5666 for further information. If corresponding by email, be sure to include your name, your telephone number and a brief message.
