Official Settlement Information Website
Did you purchase electrolytic capacitors or products containing electrolytic capacitors, such as a computer, a smartphone or a television, between September 1, 1997 and December 31, 2014 (the “Class Period”) in Canada?
CLASS ACTIONS ARE UNDERWAY ACROSS CANADA, WHICH ALLEGE OVERCHARGES FOR ELECTROLYTIC CAPACITORS, OR PRODUCTS CONTAINING ELECTROLYTIC CAPACITORS, PURCHASED DURING THAT TIME (the “Electrolytic Capacitor Class Actions”).
AM I A CLASS MEMBER?
If you are a Canadian resident and purchased electrolytic capacitors or products containing electrolytic capacitors during the Class Period, you are a settlement class member (“Class Member”) in one of three Electrolytic Capacitor Class Actions being pursued jointly across Canada: 1) a British Columbia action for residents of British Columbia, 2) a Québec action for residents of Québec, 3) an Ontario action for the residents of Ontario and the rest of Canada.
A settlement has been reached with the defendants NEC TOKIN Corporation and NEC TOKIN America Inc. (“TOKIN”), who have agreed to pay CAD $2,900,000, and to provide meaningful early cooperation to the plaintiffs.
The TOKIN defendants are the first to settle in the Electrolytic Capacitor Class Actions. During the Class Period, TOKIN had a small share of the global electrolytic capacitors market in the range of 3-6%, and the Electrolytic Capacitor Class Actions will continue against over 30 other named defendants.
WHAT DO I HAVE TO DO NOW?
Settlement money will not be distributed now, as the case is still ongoing.
The Court must now determine whether the settlement is fair, reasonable and in the best interests of Class Members.
Motions to approve the settlement are scheduled to be heard on:
● the Ontario Superior Court of Justice on November 5, 2018 at 10am, at 80 Dundas Street, London, Ontario;
● the Superior Court of Québec on December 3, 2018 at 9:30am, at 1, rue Notre-Dame Est, Montréal, Québec, and;
● the Supreme Court of British Columbia on November 30, 2018 at 9am, at 800 Smithe Street, Vancouver, British Columbia.
If you do not oppose the settlement, and do not want to opt-out of the Electrolytic Capacitor Class Actions, you do not need to take any other action at this time.
If you wish to comment or object to the settlement, you must deliver a written submission to one of the lawyers listed here by October 24, 2018 at the latest.
If you do not want to be a Class Member in the Electrolytic Capacitor Class Actions, your opt-out must be received by October 24, 2018 at the latest. Instructions on how to opt-out of the Electrolytic Capacitor Class Actions can be found here.
HOW DOES THIS RELATE TO THE “FILM” CAPACITOR CLASS ACTIONS?
The lawyers representing Class Members in the Electrolytic Capacitor Class Actions also represent class members in Film Capacitor Class Actions underway across Canada.
Electrolytic and film capacitors are used to store energy in electric circuits. They are used in similar types of electronic products, but are made from different materials, and in some cases by different manufacturers.
If you are a purchaser of electronic products, you may be a class member in both actions, and should inform yourself of important updates in both cases. Please click here for more information on the Film Capacitors Class Actions.
The Canadian Union of Postal Workers (CUPW) continues to announce strikes across numerous locations throughout Canada. This may impact the delivery of any mail or parcels being sent to our postal box. Click here (hyperlink: https://www.canadapost.ca/web/en/comm/alert/list.page) for the latest developments about service disruptions related to the rotating strikes by CUPW.