FCSLLG Settlement

  1. What is this lawsuit about?
  2. Why did I receive notice?
  3. Am I a member of the Class?
  4. What settlement has been reached in this class proceeding?
  5. How can I make a claim for compensation under the Settlement?
  6. What if I am told that I am not eligible to receive compensation?
  7. How much will Class Counsel be paid?
  8. Additional Information
  1. What is this lawsuit about?

    A representative Plaintiff (identified as M.M.) commenced a class proceeding against FCSLLG seeking damages on behalf of individuals whose Personal Information was in the possession of the FCSLLG and was disclosed or obtained by unauthorized third parties on or before April 18, 2016. This action was certified as a class proceeding on December 21, 2017. Flaherty McCarthy LLP represents the class (“Class Counsel”). The parties to the class proceeding reached a settlement  (the “Settlement”), and the Settlement was approved by the Honourable Mr. Justice C. MacLeod on May 3, 2021. The Settlement is a compromise of disputed claims against FCSLLG without any admission of liability by FCSLLG.

    Top

  2. Why did I receive notice?

    You received notice because you may be a member of the class. The purpose of the notice is to advise you of: (1) the approval of the Settlement and Class Counsel Fees, and (2) how to make a claim for compensation pursuant to the Settlement Agreement.

    Top

  3. Am I a member of the Class?

    You are a member of the class and entitled to participate in the Settlement if you fall into one of the following categories and have not validly opted-out of the class proceeding:

    1. The 282 persons (including their estates or personal representatives) other than Kelley Denham, identified by name in a confidential FCSLLG document disclosed or obtained by unauthorized third parties on or before April 18, 2016;

    2. Those persons who, during the period of April 1, 2015 to April 18, 2016, (i) were the spouse or common law partner of an Identified Class member, or (ii) otherwise stood loco parentis to the children or step-children of an Identified Class Member; or

    3. Those persons who, during the period of April 1, 2015 to April 18, 2016, were a living child or step-child of an Identified Class Member.

    Top

  4. What settlement has been reached in this class proceeding?

    Under the Settlement, FCSLLG will pay five million dollars ($5,000,000) (the “Gross Settlement Funds”), plus additional amounts for reasonable notice and administration costs, in exchange for, among other things, a full and final release of the claims against it. The Gross Settlement Funds have been reduced by the Court-approved Class Counsel fees, HST and disbursements in the total amount of $1,904,500. The remaining amount of $3,095,500 (the “Net Settlement Funds”) will be distributed in accordance with the Distribution Protocol in the Settlement Agreement, which includes a distribution to eligible class members as follows:

     

    1. Up to $6,722 payable to each member of the Identified Class to a total aggregate monetary limit of $1,421,630. If the total aggregate payments to the Identified Class exceed this monetary limit, then $1,421,630 will be distributed pro-rata among the Identified Class.

     

    2. Up to $3,192 payable to each member of the Identifiable Child Class, to a total aggregate monetary limit of $1,359,820. If the total aggregate payments to these class members exceed this monetary limit, then $1,359,820 will be distributed pro-rata among the Identifiable Child Class.

     

    3. Up to $2,146 payable to each member of the Identifiable Adult Class, to a total aggregate monetary limit of $309,050. If the total aggregate payments to these class members exceed this monetary limit, then $309,050 will be distributed pro-rata among the Identifiable Adult Class.

     

    The Court has appointed RicePoint Administration as the Claims Administrator, who will identify eligible class members from a list of persons FCSLLG has determined fall within the class definition (the “Class Member List”). In some cases, individuals who are not on the Class Member List may also be eligible for compensation, as explained in FAQ 5.

    Top

  5. How can I make a claim for compensation under the Settlement?

    In order to be eligible for compensation under the Settlement, you must complete and submit an eligibility form to the Claims Administrator. You can complete an eligibility form online here. Alternatively a copy of the eligibility form was mailed to everyone that received Notice and that paper form can be mailed to the Claims Administrator at the mailing address stated in the eligibility form.

     

    You must complete and submit your eligibility form by November 23, 2021 at 11:59 pm (the “Clams Deadline”). After this time, no further eligibility forms will be accepted or valid. If you do not deliver an eligibility form to the eligibility Administrator by the Claims Deadline, you will not be able to receive a portion of the Net Settlement Funds. As explained below, you may also be required to submit additional documentation along with your eligibility form in order to qualify for compensation under the Settlement.

     

    1. Identified Class Members

     

    To qualify as an eligible member of the Identified Class, individuals must submit a copy of one or more pieces of the following government-issued proof of identification along with their completed eligibility form to the Claims Administrator during the Claims Period:

    • Drivers License; 
    • Ontario Health Insurance Program (OHIP) card; 
    • Birth Certificate; 
    • Liquor Control Board of Ontario (LCBO) BYID card; 
    • Ontario Student Record (OSR); or 
    • Passport.

     

     

    You will qualify as an eligible member of the Identified Class if you submit a valid eligibility form along with Proof of Identification during the Claims Period, and your name appears on the Class Member List.

     

    2. Identifiable Adult Class Members

     

    To qualify as an eligible member of the Identifiable Adult Class, individuals must submit Proof of Identification (as described above) along with their completed eligibility form to the Claims Administrator during the Claims Period. You will qualify as an eligible member of the Identifiable Adult Class if you submit a valid eligibility form along with Proof of Identification during the Claims Period, and your name appears on the Class Member List.

     

    3. Identifiable Child Class Members

     

    To qualify as an eligible member of the Identifiable Child Class: (a) individuals who have reached the age of majority will need to submit Proof of Identification (as described above) along with a completed eligibility form to the Claims Administrator during the Claims Period; and (b) individuals who have not reached the age of majority will need to have an eligibility form submitted to the Claims Administrator on their behalf by a parent or guardian during the Claims Period and will not be required to submit Proof of Identification.  You will qualify as an eligible member of the Identifiable Child Class if you submit a valid eligibility form, and if you have reached the age of majority, Proof of Identification, during the Claims Period and your name appears on the Class Member List.

    Top

  6. What if I am told that I am not eligible to receive compensation?

    Anyone who submits an eligibility form that is deemed ineligible to receive compensation under the Settlement will receive a notice of ineligibility (the “Ineligibility Notice”) from the Claims Administrator. Reasons for ineligibility include, if you: (i)  submitted an eligibility form during the Claims Period but are not on the Class Member List; or (ii) you submitted an eligibility form during the Claims Period and are on the Class Member List, but your eligibility form was invalid and/or was not accompanied by Proof of Identification (if required).

     

    If you receive an Ineligibility Notice you will have thirty (30) days from the date of the Ineligibility Notice  to establish to the satisfaction of the Claims Administrator that you are an eligible Class Member by submitting a valid eligibility form and/or producing additional documentation to the Claims Administrator. Additional information about how you can qualify for compensation under the Settlement will be provided to you in the Ineligibility Notice.

    Top

  7. How much will Class Counsel be paid?

    You will not have to pay any of the fees and expenses of Class Counsel. The Court has approved a contingency fee agreement and has fixed Class Counsel fees and disbursements in the amount of $1,904,500.  This amount is comprised of $1,650,000 for legal fees, $214,500 for HST applicable to legal fees and $40,000 for disbursements inclusive of HST.

    Top

  8. Additional Information

    Information regarding the Settlement is available at https://www.fcssettlement.com/ and www.CASprivacybreach.com.

    You can obtain more information about this Settlement by contacting Class Counsel or the Claims Administrator using the contact details listed below:

     

    CLASS COUNSEL

     

    SEAN A. BROWN 

    FLAHERTY MCCARTHY LLP 

    Toronto-Dominion Centre 

    95 Wellington Street West 

    10th Floor, Suite 1000 

    Toronto, Ontario M5J 2N7 

    [email protected] 

     

    CLAIMS ADMINISTRATOR: 

     

    FCSLLG Claims Administrator

    c/o RicePoint Administration Inc.

    P.O. Box 4454,

    Toronto Station A, 25 The Esplanade,

    Toronto, ON M5W 4B1

     

    Questions about this Settlement should NOT be directed to the Court.

    Top