Canada Student Loans Class Action
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What is this class action about?
On January 11, 2013, Human Resources and Skills Development Canada. (“HRSDC”, now known as Employment and Social Development Canada) announced that an external hard drive containing the personal information of individuals who were student loans borrowers between 2000 and 2007 had gone missing from an HRSDC office in November 2012.
The class action arising out of the lost hard drive has now settled. On May 18, 2018, the settlement was approved by the Federal Court and it is time to pay money to the people whose information was contained on the drive (“Class Members”). You may view a copy of the Notice of Settlement Approval by clicking here and a copy of the Settlement Agreement by clicking here.
What types of compensations are available?
The settlement provides that there are two (2) types of compensations:
$60.00 Payment: Class Members may submit a claim to receive a payment of $60.00 on account of the inconvenience associated with the loss of their personal information (the “Payments”). The Payments are intended to compensate Class Members for time spent responding to the potential privacy breach, estimated to be on average about four (4) hours less legal fees and the costs of administration.
In the event that the total amount of the approved $60.00 claims by Class Members exceeds the amount of money available for the Settlement Amount, the Payments will be reduced proportionally.
Actual Losses: Class Members may also claim unlimited additional amounts for any actual losses that they suffered and for which they have not been reimbursed for (“Actual Losses”). Actual Losses must be as a result of the Class Member’s personal information being contained on the lost hard drive. An arbitrator will determine whether the Class Member suffered Actual Losses and, if so, assess their individual damages. In order to claim actual losses, a claimant must, while completing their online claim, submit supportive documentation that shows that they suffered actual loss, and that the actual loss was a result of the lost hard drive.
How do I claim?
The deadline to submit a claim was Friday January 18, 2019 at 5:00 p.m. Eastern Time. New claims are no longer being accepted.
How will I receive my compensation?
$60.00 Payment: Payments were initiated by e-transfer through Interac E-Transfer on Friday September 6, 2019.
Actual Loss Claim Payments: Eligible Actual Loss Claims under $700 will receive an automatic payment by electronic email transfer by March 30, 2020 for the amount requested in the Claim Form submitted to the Administrator. Individuals will receive an email containing instructions about the electronic transfer in the upcoming days. Actual Loss Claims for amounts over $700 have been securely forwarded to a Court Appointed amicus curiae who will assist Class Members seeking actual losses over $700. More information to follow.
We recommend you take a few minutes to view the FAQ section for further details about this class action and the settlement benefits.