Notice of Certification/Authorization of the Canadian Optical Disc Drives Litigation

VANCOUVER, Jan. 29, 2020 /CNW/ - This notice is about a price-fixing lawsuit involving a type of memory storage device called ODD.  The lawsuit is called Godfrey v. Sony Corporation et al, Action No. S-106462. The Court has certified this lawsuit as a class action against the following groups of companies that manufacture ODD: TEAC, NEC, Sony, HLDS, PLDS, TSST, Panasonic, BenQ, Pioneer and Quanta.

1. WHY DO I NEED TO READ THIS NOTICE?

You might be a member of a class action.  A class action is a lawsuit filed by one person¹ on behalf of a large group of people. 

You are a member of this class action if you are a resident of Canada and fall into one of the below categories:

Non-Umbrella Purchasers:

• All persons resident in Canada who purchased optical disc drives ("ODD") manufactured or supplied by the defendants in this action, or products that contain ODD ("ODD Products") in which the ODD was manufactured or supplied by the defendants in this action, in the period from January 1, 2004 through January 1, 2010.

Umbrella Purchasers:

• All persons resident in Canada who purchased optical disc drives ("ODD") that were not manufactured or supplied by the defendants in this action, or products that contain ODD ("ODD Products") in which the ODD was not manufactured or supplied by the defendants in this action, in the period from January 1, 2004 through January 1, 2010.

ODDs means a device that reads and/or writes to CD-ROM, CD-R/RW, DVD-ROM, DVD-R/RW, Blu-Ray, Blu-Ray R/RW, and HD DVD.

ODD Products means computers, video game consoles and ODDs that are designed to be attached externally to devices such as computers.

If you bought an ODD of an ODD Product between January 1, 2004 and January 1, 2010, you are a member of this class action and you might be able to collect some money in the future. 

2.  WHY IS THIS CLASS ACTION HAPPENING?

This class action claims that the companies that sell ODD, and the executives that work at those companies, were involved in a conspiracy to make ODD prices too high.  The class action asks that the Court require these companies to return any extra money that they may have received due to this alleged conspiracy.

The Courts have already approved settlements with the TEAC, NEC, HLDS, Sony and PLDS defendants.

3. WHAT IF I DON'T WANT TO BE IN THIS CLASS ACTION (OPTING OUT)?

The deadline to opt out or exclude oneself as a settlement class member in the ODD Proceedings has passed.

4.  WHAT DO I NEED TO DO?

Right now you do not need to do anything.  However, this class action is not over.  The next step is a trial where the Court will decide whether the groups of companies listed above fixed ODD prices and if the members of this class action should get any money from those companies. 

The Court will decide if and how you can claim your share of any money that results from the class action.  The Court will appoint someone (the Claims Administrator) who can help you claim your share of this money.  Watch for another notice explaining how to claim money from this class action.

You should keep records of any purchases of ODD or the ODD Products listed above. 

Register online at www.cfmlawyers.ca/active-litigation/odd/ to ensure that you are sent this notice by email or direct mail.

5.  DO I HAVE TO PAY THE LAWYERS WHO ARE WORKING ON THIS CLASS ACTION?

As an individual, you do not have to pay the lawyers working on this Class Action any money.  There is an agreement between the person who started this Class Action and the lawyers involved.  This agreement says that the lawyers will get paid from the money collected in the Class Action.  The Court will decide how much money the lawyers are paid.

6.  WHERE CAN I ASK MORE QUESTIONS?

1. The class action websites: www.cfmlawyers.ca/active-litigation/odd or www.siskinds.com/odd/.

2. Sharon Wong at Camp Fiorante Matthews Mogerman LLP:  Tel: 604.689.7555; Fax: 604.689.7554.

SOURCE Camp Fiorante Matthews Mogerman