Kugler Kandestin successfully represented the Petitioner in a class action on behalf of all persons in Québec who purchased, received, came into possession of, or otherwise used CD manufactured and/or sold by Sony BMG Musique (Canada) Inc. during a specific period based on allegations that the CDs contained harmful software and collected personal information of class members without their express consent and knowledge.
The Superior Court of Québec authorized the institution of the class action to approve the out of court settlement that was agreed to by parties. Pursuant to the settlement, the defendants and others agreed, among other things, not to manufacture any other CD containing the problematic software, to destroy the personal information collected, and to provide either a cash payment and/or free CDs to class members.
Class members had until June 2007 to file a claim.