DaimlerChrysler Financial Lost Data Tape Class Action Lawsuit Settlement

Those whose personal information may have been exposed in the DaimlerChrysler Financial lost data tape situation in 2008 may be entitled to reimbursement of their losses and payment for their time under the terms of a class action lawsuit settlement.

Those who can benefit from the class action settlement agreement include residents of Canada who had personal information stored on a DaimlerChrysler Financial data tape which was lost on March 12, 2008.

DaimlerChrysler Financial was hit with a proposed class action lawsuit Canada alleging the company lost a data tape containing customer information in March of 2008. DaimlerChrysler Financial, which was purchased by TD Bank and changed its name to TD Auto Finance Services Inc., allegedly lost the data tape or it was destroyed while in transit.

The DaimlerChrysler Financial lost data tape class action lawsuit alleged that the company failed to implement adequate security measures, putting customer information at risk of exposure. The proposed class action lawsuit was filed on May 22, 2012 and certified by the Superior Court of Quebec on Jan. 19, 2015.

According to the settlement website, Class Members may have received notice of the lost data tape in writing either on March 27, 2008 or in February of 2016.

DaimlerChrysler Financial, now TD Auto, admits no liability, but has agreed to pay up to $175,000 to end the class action lawsuit. In addition, the company has agreed to pay $150,000 in lawyers’ fees and a plaintiff’s award of $5,000, as well as up to $75,000 in claims administrator fees.

“The Parties and their counsel recognize and acknowledge the expense, effort, and length of continued proceedings that would be necessary to prosecute the Class Action against TD Auto through trial and appeals,” states the class action settlement agreement. “They believe that the proposed settlement confers substantial benefits upon the Class. These benefits also extend to a national class without the cost of duplicating mirror class proceedings in every other Canadian Province.”

Under the terms of the settlement agreement, Class Members are eligible for two types of recovery. Class Members can claim reimbursement for any actual and direct losses caused by the loss of the DaimlerChrysler Financial data tape. In order to make a claim for these “substantiated” losses, Class Members must submit documentation, including bank statements, receipts, or invoices demonstrating the loss.

Substantiated losses fall into several categories, including unauthorized charges on a bank account, hiring someone to correct a credit report, a higher interest rate on an account or additional fees, late, declined payment, overdraft, returned check, cancellation, replacement, or other bank fees, and any other costs attributed to restricted access to funds. In addition, Class Members can claim reimbursement for credit reports or for placing a freeze or alert on their credit report, as well as for credit monitoring, insurance or identity theft protection services.

If Class Members can submit a claim for substantiated losses, they can also claim payment for the time they spent dealing with the DaimlerChrysler Financial lost data tape incident. Class Members will be paid for up to two hours of their time for each substantiated loss at a rate of $20 per hour. Each claim for lost time must be associated with a substantiated loss.

To make a claim in the DaimlerChrysler Financial lost data tape class action settlement, Class Members must submit a claim form online or by mail. Claim forms must include documentation of substantiated losses. The deadline for claim forms is Jan. 8, 2021.

The deadline for Class Members to object to the settlement has passed and the agreement was approved by the Superior Court of Quebec on March 4, 2020.

Who’s Eligible

Class Members include residents of Canada who had personal information stored on a DaimlerChrysler Financial data tape which was lost on March 12, 2008. Class Members may have received notice of the lost data tape in writing either on March 27, 2008 or in February of 2016.

Potential Award

Varies.

• Class Members can claim reimbursement for a variety of substantiated losses.
• Class Members can claim reimbursement for their lost time at a rate of $20 per hour. Lost time claims are limited to 2 hours per substantiated loss and must be associated with a substantiated loss claim.

Proof of Purchase

Substantiated loss claims must be supported by evidence, including bank, credit, or debit card statements, invoices, or receipts.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

1/8/2021

Case Name

Belley v. TD Auto Finance Services Inc., Case No. 500-06-000615-126 in the Superior Court of Quebec, Canada

Final Hearing

3/4/2020

Settlement Website

ChryslerFinancialLostDataTape.ca

Claims Administrator

Epiq Class Action Services Canada Inc.
DaimlerChrysler Financial Lost Data Tape
Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
info@ChryslerFinancialLostDataTape.ca
1-833-414-8040

Class Counsel

LEX GROUP INC.

Defense Counsel

INF LLP

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