Frequently Asked Questions

A class action was filed in the Supreme Court of Nova Scotia on October 1, 2020, against Dell USA L.P. and Dell Canada Inc. arising from the theft of customer information from a service provider used by the Defendants and the use of that information by third parties to carry out targeted tech support scam calls, as referenced in letters sent by the Defendants to affected individuals on April 2, 2018 and January 25, 2019 (the “Dell Notices”). The class action alleged negligence, intrusion upon seclusion, and vicarious intrusion upon seclusion in relation to the data thefts, and sought compensation for the alleged privacy breaches.

The Defendants have agreed to pay up to $2,100,000 to compensate eligible Class Members and pay the administration costs and legal fees.

If the settlement is approved, eligible Class Members may qualify for two types of compensation:

  1. Base Payments: All Class Members will be eligible for a payment of $85 upon return of a Distribution Form in accordance with the Distribution Protocol. The Distribution Form will be made available to eligible Class Members if the settlement is approved.

 

  1. Economic Loss Claim Payments: Up to $3,000 will be paid to Class Members who can establish that, as a result of the data thefts, they incurred a fraudulent credit card or other banking charge, or costs to remediate computers or technological equipment, and who provide the necessary supporting documentation by the applicable deadline. A Class Member can receive no more than $3,000 under this category. Amounts for approved economic losses may be reduced based on the number of approved claims and other costs of administration.

Further terms and conditions of eligibility for compensation are outlined in the proposed Settlement Agreement.

Claims cannot be submitted until the Settlement is approved. The settlement approval hearing is scheduled to take place on February 27, 2025. The Court may reserve its decision. If the Settlement is approved, a further notice will be distributed that describes how Class Members may submit a claim to participate in the Settlement, along with a link to the Distribution Form that must be completed and returned by the applicable deadline in order to receive compensation.

If you were sent one or both of the Dell Notices on April 2, 2018 and January 25, 2019, but your email address has changed since that time, and you believe you are an eligible Class Member, you must contact Verita Global immediately to ensure that your new email address is on file. They will verify if you are a Class Member and will include your updated contact information in further notices. If you do not contact Verita Global with your updated email address, you will likely not receive any compensation.

If you would like to update your contact information, please contact Verita Global:

Dell Settlement Administrator
c/o Verita Global
P.O. Box 3355
London, ON N6A 4K3
Phone: 1-833-419-4499
Email: [email protected]

At the hearing to approve legal fees, also scheduled for February 27, 2025, at 9:30 a.m. at The Halifax Law Courts, Wagners will be seeking the Court’s approval of legal fees in the amount of $426,064.50 plus applicable taxes for their work in relation to this class action and settlement, in addition to reimbursement of expenses paid to advance the action. Wagners will also seek approval of payment of an honorarium to the Representative Plaintiff in the amount of $3,000.

The law firm of Wagners represent the Class Members:

Wagners
1869 Upper Water Street
Suite PH 301, Pontac House
Historic Properties
Halifax NS B3J 1S9
Telephone: 1-800-465-8794/902-425-7330
Email: [email protected]

If you wish to object to the proposed settlement or the payment of legal fees to Class Counsel, you may submit a written objection, referencing this class action, to Wagners no later than December 28, 2024. Objections received by the deadline will be provided to the Court for consideration at the hearing. You may also attend the settlement approval hearing and, subject to the direction of the Court, you may be able to make a submission to the Court.

A Class Member who wishes to object to the settlement or legal fees shall provide in their objection:

  • Full name, mailing address, email address of person who is objecting;
  • A brief statement of the nature and reasons for the objection;
  • A declaration that the person believes they are a member of the Class and the basis for that belief;
  • Whether the person intends to appear at the approval hearing.

Wagners

1869 Upper Water Street

Suite PH 301, Pontac House

Historic Properties

Halifax NS B3J 1S9

Telephone: 1-800-465-8794/902-425-7330

Email: [email protected]

To opt-out of the class action so that your claim is not released and you preserve any legal claim you may have relating to the data thefts, you will have an opportunity to opt-out by sending an opt-out form to Verita Global, on or before the Opt-Out Deadline, which will be announced later. Class Members who Opt-Out will not be able to participate in the Action or receive any settlement funds.

If the settlement is approved, Verita Global will send a notice to eligible Class Members with instructions on how to seek compensation, including a link to the Distribution Form, an Opt-Out Form and details on the Opt-Out Deadline.

There is no ability to opt-out unless and until the Action is certified and the proposed Settlement Agreement is approved, which cannot happen until after February 27, 2025.