Class Actions

The Personal Insurance Co. Privacy Breach Class Action —

This privacy class action is brought on behalf of: All persons who: (1) were insured by The Personal Insurance Company under a valid automobile insurance policy between January 2012 and May 2019; (2) made an automobile insurance claim under that policy with The Personal during that time; and (3) consented to the collection and/or use of their credit score by The Personal or its agents as part of the fraud prevention and detection needs of The Personal’s claims management process.

Action Certified and Settlement Approved

On October 7, 2019, on consent of the parties, the Ontario Superior Court of Justice certified this action as a class proceeding and approved a Settlement of the action. A full copy of the Settlement Agreement, including schedules may be reviewed here.

Under the terms of the Settlement:

  • The Defendants have paid $2,200,000 in exchange for a full release from the claims made in the action (the “Settlement Fund”).
  • Class counsel’s fees and disbursements have been approved in the amount of $585,000.
  • The representative plaintiff has been paid an honourarium of $15,000.
  • The net Settlement Fund, after deduction of the costs of administration, will be distributed equally to all class members who either automatically qualify for, or who submit valid claims by the Claim Deadline of February 7, 2020. There are approximately 8,525 class members, meaning that if every Class member makes a claim, then each would receive approximately $150.
  • Class members who remained as insureds of The Personal as of July 30, 2019 will automatically receive payment and will not need to submit claim forms, unless they wish to receive the payment by direct deposit. Settlement cheques will be directly mailed to their last known address registered with The Personal.
  • All other class members will be required to complete a claim form and submit it by the Claim Deadline. Claim forms may be completed online from the claims administrator’s website: https://www.classaction2.com/personalprivacy.html or downloaded from the Documents tab from this website.

Notice of the Settlement

A copy of the short form notice of certification and settlement approval will be sent to the last known address for class members by mail (or email if a valid address is not available) by the claims administrator.

The long form notice of certification and settlement approval is available under the Documents tab from this website.

If you are a class member, but no longer insured with The Personal, and you did not receive a claim form, you may access the claim form under the Documents tab, or fill in the on-line version at the claims administrator’s website: https://www.classaction2.com/personalprivacy.html

Opting Out of the Class Action

Class members who do not wish to participate in this class action and the settlement must opt out. To opt out of the class action, you must complete an opt out form and deliver it to the claims administrator by the Opt Out Deadline of December 6, 2019. Opt out forms received after the Opt Out Deadline will not be accepted or valid.

If you opt out of the class action, you will not be bound by the court’s orders, and you will not be able to participate in the settlement. Once you have opted out of the action, you may not subsequently opt back in.

Case Overview

This breach of privacy class action was brought on behalf of: All persons who: (1) were insured by The Personal Insurance Company under a valid automobile insurance policy between January 2012 and May 2019; (2) made an automobile insurance claim under that policy with The Personal during that time; and (3) consented to the collection and/or use of their credit score by The Personal or its agents as part of the fraud prevention and detection needs of The Personal’s claims management process.

On March 14, 2017, the Office of the Privacy Commissioner of Canada (the “OPCC”), found that The Personal collected and used credit information from one of its insureds, without obtaining meaningful consent, and in a manner that a reasonable person would consider inappropriate. In doing so, the OPCC concluded that The Personal violated Section 5(3) and Principle 4.3 of the Personal Information Protection and Electronic Documents Act.

After the OPCC Report was delivered, The Personal advised the OPCC that it has ceased the practice of collecting and using credit score information during its claims assessment process, as the OPCC had recommended.

The Plaintiff’s claim alleged that The Personal had failed to comply with an implied term of its contractual obligations to its insureds by seeking credit score information from its insureds who were making claims for accident benefits under their automobile insurance policies because this request breached privacy legislation.

A settlement is a compromise of disputed claims in order to achieve an early full and final resolution of the action. The action was settled without any admission of liability or wrongdoing by The Personal or its parent company. The defendants deny any liability or wrongdoing. Had the settlement not been approved, the defendants would have challenged certification and defended the action.

Action Certified and Settlement Approved

On October 7, 2019, on consent of the parties, the Ontario Superior Court of Justice certified this action as a class proceeding and approved a Settlement of the action. A full copy of the Settlement Agreement, including schedules may be reviewed here.

Under the terms of the Settlement:

  • The Defendants have paid $2,200,000 in exchange for a full release from the claims made in the action (the “Settlement Fund”).
  • Class counsel’s fees and disbursements have been approved in the amount of $585,000.
  • The representative plaintiff has been paid an honourarium of $15,000.
  • The net Settlement Fund, after deduction of the costs of administration, will be distributed equally to all class members who either automatically qualify for, or who submit valid claims by the Claim Deadline of February 7, 2020. There are approximately 8,525 class members, meaning that if every Class member makes a claim, then each would receive approximately $150.
  • Class members who remained as insureds of The Personal as of July 30, 2019 will automatically receive payment and will not need to submit claim forms, unless they wish to receive the payment by direct deposit. Settlement cheques will be directly mailed to their last known address registered with The Personal.
  • All other class members will be required to complete a claim form and submit it by the Claim Deadline. Claim forms may be completed online from the claims administrator’s website: https://www.classaction2.com/personalprivacy.html or downloaded from the Documents tab from this website.

Notice of the Settlement

A copy of the short form notice of certification and settlement approval will be sent to the last known address for class members by mail (or email if a valid address is not available) by the claims administrator.

The long form notice of certification and settlement approval is available under the Documents tab from this website.

If you are a class member, but no longer insured with The Personal, and you did not receive a claim form, you may access the claim form under the Documents tab, or fill in the on-line version at the claims administrator’s website: https://www.classaction2.com/personalprivacy.html

Opting Out of the Class Action

Class members who do not wish to participate in this class action and the settlement must opt out. To opt out of the class action, you must complete an opt out form and deliver it to the claims administrator by the Opt Out Deadline of December 6, 2019. Opt out forms received after the Opt Out Deadline will not be accepted or valid.

If you opt out of the class action, you will not be bound by the court’s orders, and you will not be able to participate in the settlement. Once you have opted out of the action, you may not subsequently opt back in.

Case Overview

This breach of privacy class action was brought on behalf of: All persons who: (1) were insured by The Personal Insurance Company under a valid automobile insurance policy between January 2012 and May 2019; (2) made an automobile insurance claim under that policy with The Personal during that time; and (3) consented to the collection and/or use of their credit score by The Personal or its agents as part of the fraud prevention and detection needs of The Personal’s claims management process.

On March 14, 2017, the Office of the Privacy Commissioner of Canada (the “OPCC”), found that The Personal collected and used credit information from one of its insureds, without obtaining meaningful consent, and in a manner that a reasonable person would consider inappropriate. In doing so, the OPCC concluded that The Personal violated Section 5(3) and Principle 4.3 of the Personal Information Protection and Electronic Documents Act.

After the OPCC Report was delivered, The Personal advised the OPCC that it has ceased the practice of collecting and using credit score information during its claims assessment process, as the OPCC had recommended.

The Plaintiff’s claim alleged that The Personal had failed to comply with an implied term of its contractual obligations to its insureds by seeking credit score information from its insureds who were making claims for accident benefits under their automobile insurance policies because this request breached privacy legislation.

A settlement is a compromise of disputed claims in order to achieve an early full and final resolution of the action. The action was settled without any admission of liability or wrongdoing by The Personal or its parent company. The defendants deny any liability or wrongdoing. Had the settlement not been approved, the defendants would have challenged certification and defended the action.

A settlement was reached on June 28, 2019.  The Settlement Agreement can be viewed under the Documents tab. The settlement was approved by the Ontario Superior Court of Justice on October 7, 2019.

The claims period is now open and closes on February 7, 2020. Do not send claim forms to Class Counsel. Claim forms should be mailed to the claims administrator or completed online at:

https://www.classaction2.com/personalprivacy.html

The claims administrator can be reached at:

CA2 Inc.
9 Prince Arthur Avenue
Toronto, ON M5R 1B2
personalprivacy@classaction2.com
Tel: 1-800-538-0009

Attn: Personal Privacy Class Action

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