What is this class action about?

When was the settlement approved?

What is the Settlement Amount?

Who can make a claim?

What types of claims are available?

How much money can I get?

How do I make a claim?

What is the deadline for submitting a claim?

May I make a claim if I previously opted out?

Does it cost anything to make a claim?

What information is required to make a claim for a $60 Payment?

What information is required to make a claim for actual losses?

How will the settlement affect my student loan?

Why isn't my student loan being forgiven under this settlement?

When will payments be issued?

How will I receive my payment?

Who is Class Counsel?

Where may I get help submitting my on-line claim?

Where may I get help uploading documents through the on-line claim portal?

How do I reset my password to the on-line claim portal?

How will I receive status updates in regard to my claim?

How do I notify the Claims Administrator that my email address has changed?

Who do I contact if I still have questions?

 

 

What is this class action about?

 

The class action lawsuit alleged that, on November 5, 2012, Human Resources and Skills Development Canada (now known as Employment and Social Development Canada or the National Student Loan Services Centre) lost an external hard drive that contained personal information of individuals who were student loans borrowers between 2000 and 2007.

 

When was the Settlement approved?

 

On May 18, 2018, the settlement was approved by the Federal Court. Click here to review the reasons of the court. Click here to view the judgment. Click here to view the Notice of Settlement Approval.

 

What is the settlement amount?

 

The defendant paid $17,500,000, (“Settlement Amount”) plus an unlimited amount for Actual Losses to settle the class action in return for a release and a dismissal of the lawsuit.

 

Who can make a claim?

 

People can make a claim if their information was contained on the lost hard drive. If you received a letter from the government informing you that your personal information was lost, you are a Class Member. If you did not receive that letter but believe your personal information was on the lost hard drive, you can check with the Claims Administrator to confirm whether or not you are a class member.

 

If you previously opted out of the class action, you can still make a claim if you want to participate in the settlement by submitting an on-line claim form.

 

What type of compensations are available?

 

The settlement provides that there are two (2) types of compensations:

 

Compensation #1: Class members will be compensated for inconvenience and wasted time spent responding to the federal government’s announcement of the privacy breach. This compensation for wasted time has been calculated at a fixed payment of $60 per class member, based on an average of four (4) hours of time spent responding to the privacy breach. If the total of the claims for the $60 payment exceeds the $17.5 million settlement fund (after legal fees and costs of administration), then the claims administrator will distribute the funds to each class member proportionally.

 

Compensation #2: The government will fund a dispute resolution program for all class members who are seeking additional compensation for actual losses incurred as a direct result of the loss of personal & financial information contained on the hard drive (“Actual Losses”). If you incurred expenses or lost money as a result of the privacy breach (for example, if your identity was stolen and you were the victim of fraud for which your bank did not reimburse you), you can claim those costs back. An arbitrator will determine whether you suffered an Actual Loss and, if so, assess your individual damages. The fund is unlimited. In other words, to the extent that you can establish that you lost money or sustained financial harm for which you have not otherwise been reimbursed, you will be fully compensated.

 

You have the right to hire your own lawyer to assist with making an actual loss claim. Class Counsel will not be involved in this aspect of the settlement and are not receiving any legal fees on awards for actual loss claims.

 

How much money can I get?

 

Class Members will receive $60 on account of the inconvenience and wasted time associated with the loss of their personal information (the “Payments”).  The Payments are intended to compensate Class Members for time spent responding to the potential privacy breach, estimated to be on average about four (4) hours less legal fees and the costs of administration.  In the event that the total amount of the approved claims by Class Members exceeds the amount of money available for the Settlement Amount, the Payments will be reduced proportionally.

 

Class Members may also claim additional amounts for any Actual Losses that they suffered and for which they have not been reimbursed. Actual Losses must be as a result of the Class Member’s personal information being contained on the lost hard drive. An arbitrator will determine whether they suffered Actual Losses and, if so, assess their individual damages

 

How do I make a claim?

 

You can make a claim by completing the brief online claim form by clicking here.  You must complete a claim form before January 18, 2019 @ 5:00 pm EST.  If your claim form is not submitted before the deadline, you will not be eligible to receive compensation.

 

What is the deadline for submitting a claim?

 

You must complete a claim form before January 18, 2019 @ 5:00 pm EST.  If your claim form is not submitted before the deadline, you will not be eligible to receive compensation.

 

May I make a claim if I previously opted out?

 

Yes. If you opted out of the class action, you can still make a claim if you want to participate in the settlement.

 

Does it cost anything to make a claim?

 

No, it does not cost anything to make a claim.

 

What information is required to make a claim for a $60 Payment?

 

If you are making a claim for a $60 Payment on account of inconvenience, you only need to submit the information required on the on-line claim form, which includes current and former mailing information and student loan information if known.

 

What information is required to make a claim for actual losses?

 

If you are making a claim for Actual Losses, you need to submit an on-line claim form as well as documents that show the losses you suffered and documents that prove those losses were a result of the lost hard drive. Please submit supporting documents through the on-line claim portal by clicking on the “Upload Documents” button within the on-line claim form.

 

How will the settlement affect my student loan?

 

There will be no impact on your student loan. Any monies owed to you pursuant to this settlement will be paid directly to you, without regard to the status of your student loan. You are still required to continue paying any outstanding balance on your student loans.

 

Why isn't my student loan being forgiven under this settlement?

 

There is no basis in law for forgiving an outstanding debt in these circumstances.

 

When will payments be issued?

 

Class Members have until until January 18, 2019 @ 5:00 pm EST to submit an on-line claim.

 

After January 18, 2019 the claims administrator will review and finalize all of the $60 Payment claims and distribute payment accordingly. If the total of the claims for the $60 payments exceeds the $17.5 million Settlement Amount (after legal fees and costs of administration), then the claims administrator will distribute the funds to each class member proportionally.

 

For the Actual Loss claims an arbitrator will determine whether you suffered Actual Losses and, if so, assess your individual damages.  Amounts paid to Eligible Class Members for Actual Losses will first be paid from the Surplus Fund, if any, but thereafter shall be paid directly by the Defendant, with no cap on the ultimate amount to be paid for Actual Losses to each Eligible Class Member.  Actual Loss payments, depending upon the amount, will be issued by cheque.

 

It is hoped that approved claims will be processed by the first half of 2019.

 

How will I receive my payment?

 

$60 payment claims will be issued by electronic transfer.

 

Actual loss claims, depending upon the amount, will be issued by cheque.

 

Accordingly, it is important that you keep your contact information current within your on-line claim portal account.

 

If you experience technical difficulties updating your contact information within your on-line claim portal account, please contact the Claims Administrator.

 

Who is Class Counsel?

 

BRANCH MACMASTER LLP

Chelsea Hermanson

1410 - 777 Hornby Street, Vancouver, BC V6S 1S4

Email: chermanson@branmac.com

 

CHARNEY LAWYERS

Tina Yang

602-151 Bloor Street W, Toronto, ON M5S 1S4

Email: tinay@charneylawyers.com

 

STROSBERG SASSO SUTTS LLP

Sharon Strosberg

1561 Ouellette Avenue, Windsor, ON N8X 1K5

Email: sharon@strosbergco.com

 

BOB BUCKINGHAM LAW

Bob Buckingham

81 Bond Street, St. John’s, NL A1C 1T2

Email: bob@buckinghamlaw.ca

 

Where may I get help submitting my on-line claim form?

 

You may contact the Claims Administrator if you are having technical difficulty accessing or using the on-line claim portal. The Claims Administrator cannot give you legal advice in regard to the content of the submission.

 

To contact the Administrator, please click here.

 

Where may I get help uploading documents through the on-line claim portal?

 

You may contact the Claims Administrator if you are having technical difficulty accessing or using the on-line claim portal.

 

You may upload any type of document through the portal. Documents of excessive size may take time to upload.

 

To contact the Administrator, please click here.

 

How do I reset my password to the on-line claim portal?

 

To reset your password, please click the “Forgot My Password” button on the login screen of the Claims Portal. If you experience technical difficulties, please contact the Claims Administrator.

 

How will I receive status updates in regard to my claim?

 

Status updates and decisions regarding your claim will be posted within your account in the on-line Claims Portal. You will receive an email notification from the Claims Administrator when that happens.

 

Accordingly, it is important that you add studentloansclassaction@crawco.ca to your address book and notify the Claims Administrator of any changes to your email address.

 

You may also send questions or comments about your claim to the Claims Administrator through the Claims Portal by logging in to your account and clicking the “Add Comment” button. The Claims Administrator will be notified that you have contacted them.

 

How do I notify the Claims Administrator that my email address has changed?

 

Please update your contact information including email address changes through your on-line account by logging in to your account and clicking the “Add Comment” button. The Claims Administrator will be notified that you have contacted them.

 

Who do I contact if I still have questions?

 

You may contact the Claims Administrator or Class Counsel.

 

Claims Administrator

 

STUDENT LOANS CLASS ACTION

c/o Suite 3-505, 133 Weber St N Waterloo ON N2J 3G9

T: 1-800-305-2942

F: 1-888-842-1332

Email: studentloansclassaction@crawco.ca

 

Class Counsel

 

BRANCH MACMASTER LLP

Chelsea Hermanson

1410 - 777 Hornby Street, Vancouver, BC V6S 1S4

Email: chermanson@branmac.com

 

CHARNEY LAWYERS

Tina Yang

602-151 Bloor Street W, Toronto, ON M5S 1S4

Email: tinay@charneylawyers.com

 

STROSBERG SASSO SUTTS LLP

Sharon Strosberg

1561 Ouellette Avenue, Windsor, ON N8X 1K5

Email: sharon@strosbergco.com

 

BOB BUCKINGHAM LAW

Bob Buckingham

81 Bond Street, St. John’s, NL A1C 1T2

Email: bob@buckinghamlaw.ca

 

 

a