Top Class Actions  |  July 28, 2022

Category: Data Breach

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Desjardins sign outside their head office in Toronto, representing the Desjardins class action lawsuit settlement
(Photo Credit: JHVEPhoto/Shutterstock)

Update:

  • Members who did not receive the Explanatory Notice are able to file a claim as of Oct. 18, 2022.

Desjardins agreed to pay a class action lawsuit settlement of more than $200 million to resolve claims it failed to protect consumer information in a 2019 data breach.

The class action lawsuit settlement benefits current and former Desjardins members in Canada whose personal information was affected by the 2019 data breach. This includes two subclasses, Subclass 1 of class members who suffered lost time, and Subclass 2 of class members who experienced identity theft.

Desjardins is a Canadian-based bank with over 7.5 million members and nearly $400 billion in total assets. According to the bank’s website, Desjardins has the largest regional presence in Quebec but has locations all over Canada.

In 2019, Desjardins learned it had been the victim of a data breach for over two years, during which time a rogue employee stole sensitive customer information. This extended data breach reportedly compromised the names, dates of birth, social insurance numbers, phone numbers, email addresses and banking information of nearly 9.7 million Canadians. 

In December 2020, Canada’s privacy commissioner determined through an investigation that Desjardins was responsible for the breach. 

“Desjardins did not demonstrate the appropriate level of attention required to protect the sensitive personal information entrusted to its care,” privacy commissioner  Daniel Therrien said in a statement.

Canadian members took legal action against Desjardins, arguing the company had a duty to protect their information and take reasonable cyber security measures to prevent data breaches. Because the company allegedly failed to do so, millions of Canadians had their information compromised, the class action lawsuit contends. 

Desjardins hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $200,852,500 class action settlement

Under the terms of the settlement, class members can receive payments based on their experiences following the data breach. 

Each class member is eligible for up to five hours of lost time at a rate of $18 per hour, for a maximum lost time payment of $90. 

Class members who experienced identity theft or fraud following the data breach can recover a one-time payment of $1,000.

The Canadian courts approved the settlement June 14, 2022.

In order to receive a settlement benefit, class members must submit a valid claim form. There are several deadlines for claim submission in the settlement, as follows: 

  • Subclass 1 claims: April 20, 2023
  • Subclass 2 (year 1) claims: Oct. 20, 2023
  • Subclass 2 (year 2) claims: Oct. 20, 2024
  • Subclass 2 (year 3) claims: Oct. 20, 2025
Who’s Eligible

The settlement benefits current and former Desjardins members in Canada whose personal information was affected by the 2019 data breach. This includes two subclasses, Subclass 1 of class members who suffered lost time, and Subclass 2 of class members who experienced identity theft.

Potential Award

Up to $1000

Proof of Purchase

Proof of purchase depends on which subclass the class member belongs to:

  • Subclass 1: For less than three hours, no documentation is needed
  • Subclass 1: For more than three hours, provide description of all the compensable actions completed
  • Subclass 2: Documentary evidence confirming the identity theft. If the identity theft is discovered after Dec. 14, 2022, provide proof you previously enrolled in a credit-monitoring service offered by Equifax or TransUnion before this date
Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/20/2025

Case Name

Matthew Wenman v. Desjardins Cabinet de Services Financiers et al., Court No. VIC-S-S-192723, in the Supreme Court of British Columbia

Final Hearing

06/14/2022

Settlement Website
Claims Administrator

RicePoint, a Computershare Company
Desjardins Class Action Claims Administrator
P.O. Box 3355
London (Ontario), N6A 4K3
888-886-7164

Class Counsel

SISKINDS DESMEULES LAWYERS

KUGLER KANDESTIN LLP

Defense Counsel

MCCARTHY TÉTRAULT LLP

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2 thoughts onDesjardins data breach $201M class action settlement

  1. Cheryl Obermuller says:

    Proof of Purchase
    Proof of purchase depends on which subclass the class member belongs to:

    Subclass 1: For less than three hours, no documentation is needed
    Since I fall under Subclass 1: “no documentation is needed”, I did not send in any which will cost more that the mere $88 dollars you sent me, so to my surprise the email you just sent me to send in my credit file that will cost me money among other cost including ink and paper and scanning cost.
    You may want to double check this issue, you can’t ask for documentation after the fact and after you paid only a Subclass 1 payment, “no documentation needed”. So, I will not be paying for what would cost me more than $200 dollars to obtain.
    I filed under the Subclass 1 and I maintain that, you can take it to arbitration if you like and I will submit my claim of choice to the arbitrator.

    Your received 200 Million and sent me only $88.00 and told me that I cannot appeal this amount because of my Subclass 1, status claim for “no documentation needed”, now today you sent me an email to send documentation, talk about greedy, so sue me.

    Claim ID – 40120116
    PIN – 429593

  2. Tanweer Abbas says:

    How do i know my data was compromised

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.