Class Actions

SETTLEMENT OF THE CLASS ACTIONS RELATED TO THE PERSONAL INFORMATION BREACH ANNOUNCED BY DESJARDINS IN 2019

IMPORTANT: You do not have to take any steps at this stage to be included in the class actions, or to benefit from the settlement agreement.  Notices will be published in 2022 to inform you about all developments in this matter, including when it is time to file a claim. Subject to the information below, we do not have further information to report at this stage.

Update as at May 12, 2022: The hearing of the Application for Approval of a Settlement Agreement and Class Counsels’ Fees will be held on May 24 and 25, 2022 at the Québec City Courthouse, located at 300 boulevard Jean-Lesage, in room 3.14 at 10:00 a.m.

Members of the Class or the public are not required to attend the Hearing. However, class members who want to attend the Hearing are strongly encouraged to do so virtually given the current COVID situation. If you want to attend the Hearing virtually, please send us a request by email to the following address: infodesjardins@kklex.com, and a member of our team will send you the link so that you can attend the Hearing virtually.

February 7, 2022: Today, the Court rendered a judgment authorizing the class action for settlement purposes only, authorizing the issuance of notices to class members, and other preliminary orders. You can review a copy of  the notice to class members that was approved by the court by clicking here.

Update December 16, 2021: Today, we sent an email to class members who have communicated with us to date in order to advise them of recent developments with respect to the Desjardins data breach class actions.

In summary, we are very pleased to report a settlement agreement has been reached with the Fédération des Caisses Desjardins du Québec in this class action. The settlement agreement will be submitted to the Superior Court of Québec for approval in 2022, at a date to be determined. It will not come into effect unless it is approved by the Court.

The settlement agreement will, if approved, provide for simple, timely and fair compensation to class members. The settlement agreement provides, among other things, for compensation for loss of time related to the personal information breach, as well as compensation for identity theft. The settlement agreement also provides that all class members who have not yet registered for Equifax’s credit monitoring service offered by Desjardins can register and will thus be able to obtain, at no cost, Equifax coverage for 5 years, and the extension by at least 5 years of the other protective measures implemented by Desjardins following the breach.

You can read more in the by visiting www.desjardinssettlement.com, the website set up by RicePoint Administration Inc., the entity that the parties will ask the court to appoint as the Claims Administrator in connection with the settlement agreement, or by calling RicePoint’s toll-free number at 1-888-886-7164.

We will continue to update this page as the case progresses.


Update January 24, 2020: Today, we sent an email to class members who have communicated with us to date in order to advise them of recent developments with respect to the Desjardins data breach class action.

In summary, on January 20, 2020, the attorneys for class members (Siskinds and Kugler Kandestin) filed with the Court a joint Application for permission to file an amended application for authorization to institute a class action.  The purpose of the amendments, which appear in the Amended application for authorization to institute a class action, are to take into account the numerous developments that have occurred in this matter since we first filed our initial Application for authorization on June 21, 2019, to amend the different claims for damages that are being sought on behalf of class members, and to add two proposed representatives of the class.

The Court will have to determine whether the amendments will be permitted, and a hearing will be scheduled for this purpose.  The attorneys for the class have also asked the Court to fix the dates for the authorization hearing (for the purpose of determining whether the Court will allow the action to proceed as a class action) as soon as possible. We do not currently know when this hearing will take place.

We will continue to update this page as the case progresses.

Update July 5, 2019:  On July 5, 2019, we sent an email to class members who have communicated with us to date in order to respond to questions with respect to the class action.  We invite you to read our email by clicking here.

The application for authorization to institute a class action alleges that the defendants failed to adequately protect class members’ personal data and seeks payment of substantial compensatory and punitive damages.

On June 21, 2019, Kugler Kandestin, in conjunction with LPC Avocats Inc., filed an application for authorization to institute a class action against the Fédérations des Caisses Desjardins du Québec  and the numerous “Caisse Desjardins” credit unions in connection with the massive and unprecedented data breach that Desjardins publicly reported on June 20th.

It is reported that the personal data of 2.7 million people and 173,000 businesses – comprising names, addresses, birth dates, social insurance numbers, email addresses, and information about their transaction habits – was improperly and unlawfully accessed by a former Desjardins employee and disclosed to third parties.

The proposed class action, which includes all Desjardins members whose personal data was breached, alleges that Desjardins did not have a sufficient system or adequate measures in place to adequately protect its members’ personal and highly sensitive information and claims significant compensatory and punitive damages.