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”)? If so, your legal rights could be affected.
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 (“Electrolytic Settlement 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 agreement has been reached with: Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively “Panasonic”).
Panasonic has agreed to pay CAD $5,950,000 for the benefit of Electrolytic Settlement Class Members and CAD $1,350,000 for the benefit of class members in a separate film capacitor class actions (“Film Settlement Class Members” and “Film Capacitor Class Actions”). In addition, Panasonic has agreed to provide co-operation to the plaintiffs in pursuing their claims against the non-settling defendants in the class actions. In exchange, Panasonic will be provided with a full release of the claims against them in relation to the class actions. The settlement is not an admission by Panasonic of liability, fault, or wrongdoing, but is a compromise of disputed claims.
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 Electrolytic Settlement Class Members.
Motions to approve the settlement are scheduled to be heard at:
● the Ontario Superior Court of Justice on February 25th, 2021 at 3:00 pm, virtually via Zoom videoconference, as described below;
● the Supreme Court of British Columbia, in writing, following the Ontario hearing, and;
● the Superior Court of Québec on March 17th, 2021 at 9:15 am, virtually via Microsoft Teams videoconference, as described below.
Depending on the Covid-19 protocols in place at the time, it is possible that the settlement approval hearings will proceed by videoconference, teleconference or in writing.
The Ontario settlement approval hearing will be conducted by Zoom and can be accessed through: https://zoom.us/j/97728186749 or (Tel): 647.374.4685; Meeting ID: 977 2818 6749.
The Quebec settlement approval hearing will be conducted by Microsoft Teams and can be accessed through the following login information: firstname.lastname@example.org; Meeting ID: 1191960764 or (tel) 581.319.2194 or 833.450.1741 (toll free); Meeting ID: 374.552.698#.
If you do not oppose the settlement, 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 February 23, 2021 at the latest.
STATUS OF THE CLASS ACTIONS
A prior settlement was reached with the defendants NEC TOKIN Corporation and NEC TOKIN America Inc. (“TOKIN”), who agreed to pay CAD $2,900,000, and to provide meaningful early cooperation to the plaintiffs. The TOKIN settlement money is being held in an interest-bearing trust account for the benefit of Electrolytic Settlement Class Members.
In Québec, on March 22, 2019, the Superior Court has authorized the electrolytic Class Action, which is now allowed to proceed towards the trial. In Ontario and British Columbia, the electrolytic and film Class Actions are continuing towards the certification stage.
HOW DOES THIS RELATE TO THE “FILM” CAPACITOR CLASS ACTIONS WHICH ARE UNDERWAY ACROSS CANADA?
The lawyers representing Electrolytic Settlement Class Members in the Electrolytic Capacitor Class Actions also represent Film Settlement Class Members in the 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.