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Lenovo Class Action Overview

This class action alleges that Lenovo (Canada) Inc. (“Lenovo”) breached certain implied warranties and invaded consumers’ privacy by pre-installing a potentially malicious software called Visual Discovery designed by Superfish Inc. on several Lenovo laptops.

The action was certified as a class action on October 3, 2017. The class includes:

All persons in Canada who purchased directly from Lenovo one or more of the following Lenovo laptops containing Visual Discovery software:

  • G Series: G510, G40-70, G50-70, G50-45
  • U Series: U430P, U530Touch
  • Y Series: Y40-70, Y50-70
  • Z Series: Z40-70, Z50-70
  • Flex Series: Flex2 14, Flex2 15,
  • MIIX Series: MIIX2-10
  • YOGA Series: YOGA2Pro-13, YOGA2-13, YOGA2-11BTM, YOGA2-11HSW

The above laptop models were likely available for purchase directly from Lenovo either on or after September 1, 2014.

The class action will now proceed to discovery.

Lenovo Updates

  • November 20, 2017: Justice Perell awarded the plaintiff costs of $69,088.48 on the Certification Motion.
  • November 2, 2017: The settlement entered into with Superfish was approved by Justice Perell of the Ontario Superior Court of Justice. Notice of Certification and Settlement Approval will go out to the class in early 2018.
  • October 3, 2017: Justice Perell released his decision on the certification motion that was heard on September 26, 2017. His Honour certified the action as a class action on behalf of a class that includes:All persons in Canada who purchased directly from Lenovo one or more of the following Lenovo laptops containing Visual Discovery software:
    • G Series: G510, G40-70, G50-70, G50-45
    • U Series: U430P, U530Touch
    • Y Series: Y40-70, Y50-70
    • Z Series: Z40-70, Z50-70
    • Flex Series: Flex2 14, Flex2 15,
    • MIIX Series: MIIX2-10
    • YOGA Series: YOGA2Pro-13, YOGA2-13, YOGA2-11BTM, YOGA2-11HSW
  • September 28, 2017: The plaintiff has had settlement discussions with Superfish Inc. The plaintiff brought a Rule 49 motion to enforce the settlement arising from those discussions, which was heard by Justice Perell on September 28, 2017. By endorsement dated September 28, 2017, Justice Perell adjourned the plaintiff’s Rule 49 motion to November 2, 2017 to be heard in conjunction with a motion to certify the action as against Superfish Inc. and to approve the settlement. Justice Perell directed that notice of the settlement approval motion need not be given to members of the putative class.
  • February 17, 2017: Justice Belobaba released his decision on a motion under Rule 21.01(1)(b) that was heard on February 10, 2017. His Honour granted in part and dismissed in part Lenovo’s motion to dismiss the action for showing no cause of action. The plaintiff’s surviving causes of action include: intrusion upon seclusion; breaches of provincial privacy laws; and breaches of the implied conditions of fitness for purpose and merchantability under the Sale of Goods Act.

Lenovo News

Consumer Sues Lenovo (Canada) Inc. for Breach of Contract and Breach of Privacy Over Malicious Software

2018-06-14 17:39:14

Frequently Asked Questions

A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.

A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.

In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.

No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.

No. We will work primarily with the class representative.

Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.

Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.

There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.

Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.

The chances of “winning” can never be accurately predicted.

Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.

Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.

Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.

In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).

Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.

A “payout” or an award for damages is never certain.

The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.

If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.

We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.

It is not required that you send any documents to us at this time.

Join this Class Action