A SETTLEMENT IN THIS ACTION HAS BEEN REACHED. ON NOVEMBER 4, 2022, THE SUPREME COURT OF BRITISH COLUMBIA APPROVED THE SETTLEMENT. IF YOU ARE A MEMBER OF THE CLASS, THIS AFFECTS YOUR LEGAL RIGHTS, PLEASE SEE BELOW.
Pursuant to the Settlement, Capcom will pay CAD $125,000 to effectuate the Settlement, inclusive of any distributed amounts to Class Members, class counsel fees, taxes and disbursements, any honouraria for the representative plaintiffs, any charitable donations paid for the benefit of Class Members to the Law Foundation, and administration expenses (the “Settlement Amount”). The balance of the Settlement Amount after the payment of class counsel fees, taxes and disbursements, administration expenses and any honoraria for the representative plaintiffs is available for distribution to Class Members (the “Distribution Amount”).
This Settlement resolves the Action for all Class Members as against Capcom. A full release of all claims in the Action has been granted to Capcom. This Settlement represents a resolution of disputed claims and Capcom does not admit any wrongdoing or liability.
The Settlement Funds will be distributed to Class Members in two stages. ALL CLAIMS FORMS MUST BE SUBMITTED BY FEBRUARY 3, 2023.
Stage 1: Class Members can submit claims with supporting evidence for direct losses caused by the Data Breach and will be eligible for reimbursement of such losses. The evidence of loss must be objective, reliable and credible, such as credit card statements, invoices, fraud reports, and receipts of out-of-pocket expenses incurred. Class Members are entitled to submit a claim for the following loss types:
Class Members who submit an approved substantiated claim will also be entitled to receive reimbursement for two hours of lost time, calculated at a rate of CAD $20.00 per hour, for each category of approved substantiated loss.
If the available Distribution Amount is insufficient to pay all approved substantiated claims, each claim will be proportionally reduced. No additional contributions will be made by Capcom.
IF YOU BELIEVE YOU HAVE A CLAIM FOR DAMAGES DIRECTLY RELATED TO THE ALLEGED DATA BREACH, PLEASE FILL OUT THE WEBFORM BELOW.
Stage 2: Following the distribution, if there is any Distribution Amount remaining, class counsel will disburse such amount on a pro-rata basis to all Class Members.
FOR ALL OTHER CLASS MEMBERS, PLEASE PROVIDE CONFIRMATION OF IDENTITY AND INFORMATION TO FACILITATE PAYMENT OF YOUR SETTLEMENT AMOUNT BY FILLING OUT THE WEBFORM BELOW.
If you have opted out of the class, you may not make a claim for compensation.