An application for a class action has been filed at the Quebec City courthouse by Siskinds, Desmeules, the Quebec firm affiliated with Siskinds LLP, on behalf of the group described below:
“Anyone holding a credit card issued by the Defendants and/or who applied for a credit card with the Defendants, whose private personal information has been disclosed without authorization, following a cyber attack that was disclosed on July 29, 2019.”
On July 29, 2019, Capital One acknowledged the unlawful disclosure and transmission of the personal information of 6 million Canadians as a result of a cyberattack that occurred on or about March 22, 2019.
The application alleges that, at all material times, the Defendants had the obligation to adequately protect all private and confidential information held about its members and clients, and that they ultimately failed to meet this obligation.
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Developments
The action is currently stayed pending the decision on the authorization to institute a class action in Montréal.
You can view a copy of the order by clicking here (French only).
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more person on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification (referred to as “authorization” in Quebec) is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Can I join the class action?
There are no steps required to “join” the class action. Unless you opted-out (excluded yourself from the class action), assuming you fall within the scope of the class definition, you are automatically included in the class action.
What should I do to protect my rights?
To protect your rights, you should:
- Keep any documents that you have relating to this litigation.
- Register to receive updates on this case by filling out the form below.
I still have a question. Who should I contact?
If you have any other questions, please email us at [email protected].
Documents
Stay order - Superior Court – February 18, 2020 (French Only)