Nissan Canada Data Breach Class Action Gets Certified

A Canadian court recently certified a Class of consumers seeking $5 billion in damages for a 2017 Nissan data breach.

On Oct. 29, Canadian plaintiffs secured Class certification when Justice Edward Belobaba determined that the Class requirements in the Nissan class action “have been satisfied.”

Judge Belobaba granted certification of a Class of Canadian residents who provided personal information to Nissan when financing a lease or purchase of a Nissan vehicle (in the five years leading up to Dec. 11, 2017) and who received a notice letter from Nissan Canada about the December 2017 data breach.

Class certification is a step in the right direction for plaintiffs Boris Grossman and Michael Arntfield. After a Class if certified, plaintiffs are allowed to move forward with their Nissan class action claims and have their attorneys’ request more evidence.

“Now we are allowed to get into a lot of the evidence, we are allowed to find out exactly what security measures [Nissan Canada] had put in place and why were they weak,” plaintiff counsel told MobileSyrup. “We can now get into a lot of the evidence that we do not have.”

After discovery, the claims can them move forward again into trial proceedings for the Nissan class action. A trial is when a judge or jury determines who is liable and how much consumers may be owed.

Although Judge Belobaba agreed to certify the Class, he noted that the plaintiffs are not automatically entitled to compensation.

“The plaintiffs made several significant changes in the pleadings and in the formulation and presentation of their submissions,” the judge noted. “I am sure that the defendants will have much to say about these revisions and their impact on the amount and direction of any costs award.”

Plaintiffs in the Nissan class action claim that the automotive company failed to keep consumer information safe from cybersecurity threats. This lack of protection allegedly contributed to a data breach in 2017.

Nissan Canada announced the data breach on Dec. 11, 2017, stating that “unauthorized persons” had gained access to consumer personal information. It was later learned that an unknown employee had reportedly gained access to the sensitive information through the automotive company’s financing subdivisions.

Through these financial companies, the perpetrator allegedly gained access to names, addresses, vehicle information, credit scores, loan details, demographics, and other sensitive information. The employee reportedly demanded a ransom but Nissan Canada did not pay it.

Plaintiffs in the Nissan class action claim that the credit score information compromised in the breach can cause the most damage to the 1.13 million customers affected by the breach.

Was your information compromised in the 2017 Nissan Canada Data Breach? Share your experiences in the comment section below.

Plaintiffs and the recently certified Class are represented by Vadim Kats of Landy Marr Kats LLP, Matthew Baer and Emily Assini of McKenzie Lake Lawyers LLP, and Christopher Du Vernet and Carlin McGoogan of Du Vernet Stewart.

The Nissan Data Breach Class Action Lawsuit is Grossman, et al. v. Nissan Canada Inc., et al., Case No. CV-18-00590402-CP, in the Ontario Superior Court of Justice.

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