Desjardins Settlement

Welcome to the official Desjardins Settlement Website

Summary of class actions

Important announcement (January 2024)

Subclass 2:

Payments via Interac e-Transfer to approved members of Subclass 2 (Identity Theft) occurred on January 16, 2024. All Interac e-Transfer communications were made by email and not by text message. For those who asked to receive their payment by cheque, they were mailed no later than January 18, 2024.

When you submitted your claim and if you selected to be paid via Interac e-Transfer, you were asked to answer one of three (3) security questions. Your answer can only be letters and numbers and not contain accents, spaces or symbols. If you do not have auto deposit, you will be asked to provide your answer to this question which is required to deposit the e-Transfer into your account. If you enter the wrong answer three (3) times, your payment will be blocked

If you do not recall your answer or all three (3) attempts to collect your compensation have failed, we invite you to follow these steps:

Contact RicePoint at 1-888-886-7164.

  • Have your claim number on hand from the email confirming your eligibility for settlement.
  • After identifying you, the agent will explain the next steps:
    • Obtain your password for the next distribution.
    • Change your payment method to cheque in order to receive your settlement amount by mail.
      • A mailing address will be required.
  • By the end of March 2024, you will receive a new e-Transfer or cheque to cash your compensation.

CAUTION: No text message will be sent to you.

You will not be asked for any other information when depositing the e-Transfer in your account. The procedure will be identical to the one you usually follow to cash an Interac e-Transfer received by email.

Subclass 1:

Payments via Interac e-Transfer to approved members of Subclass 1 (Loss Time) eligible for a maximum amount of $90 occurred between July 11 and July 13, 2023.  All Interac e-Transfer communications were made by email and no text messages were sent.  For those who asked to receive their payment by cheque, they were mailed by July 19, 2023.

For Class Members who were unable to deposit their e-Transfer at the time of initial distribution, RicePoint sent a second Interac e-Transfer between August 29 and 30, 2023. Interac e-Transfer was sent by email and no text messages were sent. 

For class members who were unable to deposit their e-Transfer during the July and August 2023 distribution, RicePoint sent a third and final Interac e-Transfer on October 26, 2023. The Interac e-Transfer was sent by email. For members who have not cashed their e-Transfer and have updated their address, a cheque will be sent to you.

If you were unable to collect your compensation, we invite you to follow these steps:

Contact RicePoint at 1-888-886-7164.

  • Have your claim number on hand from the email confirming your eligibility for settlement.
  • After identifying you, the agent will explain the next steps:
    • Change your payment method to cheque in order to receive your settlement amount by mail.
      • A mailing address will be required.
  • By the end of March 2024, you will receive a cheque to cash your compensation.

 

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Summary of class actions:

  • Desjardins Group has reached an out-of-court settlement with the plaintiffs, who are represented by the law firms Siskinds Desmeules and Kugler Kandestin, in the class actions filed in connection with the privacy breach announced by Desjardins in 2019.
  • The settlement agreement is intended to resolve all claims related to the privacy breach by providing compensation to class members and releasing Desjardins from future lawsuits that relate to the privacy breach.
  • The settlement agreement was submitted to the Superior Court of Quebec for approval on May 24, 2022. The settlement was approved on June 14, 2022.
  • The claims period commenced for the affected persons on July 21, 2022.
  • From July 21, 2022, to mid-October 2022, Explanatory Notices were sent directly to a large number of Class members via AccèsD or by letter, to inform them of the steps to follow in order to file a claim.
  • These notices contained a hyperlink (for Notices sent by AccèsD) or unique reference number (for Notices sent by letter) intended for the member of the Class, allowing to file a claim more easily.
  • Members who did not receive the Explanatory Notice directly could file a claim as of October 18, 2022.
  • Class members can submit a claim as follows:
  1. Current members and clients using AccèsD: Visit the Desjardins AccèsD platform. In the messaging board, you will find a message about the Class Actions and specifically a personalized link to the Online Claims Portal. This link will provide you access to the Online Claims Portal.
  2. Current and former members and clients of Desjardins who can be reached by mail and who will receive a letter: The letter sent by Desjardins will contain instructions to login to the Online Claims Portal using a unique reference number.
  3. Anybody who is part of the group but who did not receive a message on AccèsD or a letter: The Online Claims Portal opened to all members as of October 18, 2022.

CLAIM NOW

I do not want to participate in the Settlement.

You do not need to submit a claim, but you can no longer exclude yourself from the Class. The Settlement is binding on you unless you opted out by April 8, 2022. If you do not submit a claim, you will not receive compensation under the settlement. 

What if I do not submit a claim or do nothing?

You will not receive compensation from the settlement.

PLEASE DO NOT CONTACT DESJARDINS OR THE COURTS FOR INFORMATION.

Class members

  • The group, known as a class, covered by the class actions includes anyone affected by the privacy breach publicly announced by Desjardins on June 20, 2019.
  • Anyone covered by this definition, including former Desjardins members and clients, is automatically included in the class actions. Note only Class Members that submit a claim are eligible for compensation from the settlement.
  • Class members can file claims under the following parameters:
      • Subclass 1: [Subclass 1 had until April 20, 2023 to submit a claim. It is therefore no longer possible to submit a claim for loss of time under the settlement.] Subclass 1 refers to the subgroup made up of all Class Members who have spent time taking certain qualifying steps in connection with the leak of personal information. Each member of Subclass 1 who submitted a valid claim no later than April 20, 2023 will receive the amount of their compensation no later than July 19, 2023.
      • Subclass 2: means the subclass consisting of Class Members who have been the subject of an Identity Theft since January 1, 2017. Each Subclass 2 member who has submitted a Valid Claim will be entitled to a lump sum indemnity of $1,000, subject to the claims process and terms set out in the Administration Protocol, Schedule 5 of the Settlement Agreement. *Documentation required.

Key dates

The settlement is approved by the court. Below are the key dates pertaining to the settlement and claims period:

  • The court approved the settlement on June 14, 2022.
  • The claims period gradually openend for eligible individuals beginning July 21, 2022:
      • Notices to members and clients was sent on AccèsD between July 21, 2022 and October 18, 2022;
      • Notices to current and former members and clients who don't use AccèsD and could be reached by mail were sent a letter in the mail between July 21, 2022 and October 18, 2022;
      • Notices were published in major Canadian media outlets;
  • These notices provided more information on how to file a claim under the settlement;
  • The claims period opened to all class members on October 18, 2022. From July 21, 2022 and October 18, 2022, only members that received an Explanatory Notice could file a claim;
  • RicePoint has indemnified Subclass 1 (loss of time) members who submitted valid claims by cheque payable to the claimant or by Interac e-Transfer, within 90 days following the end of the Claims period for Subclass 1.
    • The deadline to submit a claim for the Subclass 1 was April 20, 2023 and payment to members was issued before July 19, 2023.
    • A second distribution to class members who did not cash their first payment was sent on August 29 or 30, 2023.
    • A third distribution to class members who did not cash their first and second payments was sent on October 26, 2023.
  • RicePoint will indemnify Subclass 2 (identity theft) members who submit valid Claims by cheque payable to the class member or by Interac e-Transfer, within 90 days following the end of the applicable Claim Year.
      • The deadline to submit a claim for year 1 was October 20, 2023.
          • Payments for Subclass 2, Year 1 were made via e-Transfer on January 16, 2024 and by cheque on January 18, 2024.
          • A claim that was deficient as of October 20, 2023 will be processed in Year 2.
        • The deadline to submit a claim for year 2 is October 20, 2024 and payment to members will be made before January 18, 2025.
        • The deadline to submit a claim for year 3 is October 20, 2025 and the payment to members would be before January 18, 2026.
      • Subclass 2 (identity theft) claim requirements:
        • In order for a Claim submitted by a Subclass 2 Claimant to be determined to be valid by the Claims Administrator, the Claimant must send the Claims Administrator within the Claim Period for Subclass 2 Members the following:
          • Claim Form confirming that since the Disclosure, the claimant has not been the subject of another data leak leading to an Identity Theft for which they have already obtained compensation;
          • Documentary Evidence proving the identity theft;
          • If the Identity Theft is discovered after December 14, 2022, provide proof that the Claimant has previously enrolled in a credit monitoring service offered by Equifax or TransUnion.

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