Lenovo Class Action Lawsuit - Sotos Class Actions
OVERVIEW

Lenovo

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. 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.

Settlements have been reached with both Lenovo and Superfish Inc. A distribution of the settlements funds is ongoing. For more information, please visit www.lenovocanadasettlement.com.

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Updates
  • June 30, 2020: The distribution in this class action is now underway. The deadline to make a claim is October 30, 2020. For more information, please visit www.lenovocanadasettlement.com.
  • June 1, 2020: On March 27, 2020, the Superior Court of Justice approved the settlement agreement entered into by the Plaintiff with Lenovo. The Court also approved the proposed plan to distribute the settlement funds to the class members.
    Class Counsel are currently working with the Court-appointed administrator to prepare an online claims portal through which class members can make a claim for their portion of the settlement funds. A notice about the claims process will be distributed to all class members shortly.
  • March 23, 2020: On Sunday, March 15, 2020, the Superior Court of Justice announced that it would be suspending all regular operations, effective March 17, 2020, until further notice to help contain the spread of COVID-19. As a result, the motion scheduled for March 27, 2020 to approve the Lenovo settlement and the protocol for distributing settlement funds will be proceeding by teleconference, rather than in-person.
  • March 16, 2020: The motion to approve the settlement, which was previously scheduled to be heard on March 27, 2020, has been adjourned indefinitely as a result of COVID-19 (https://www.ontariocourts.ca/scj/covid-19-suspension-fam/). Class members will be contacted directly once the hearing has been rescheduled.
  • February 10, 2020: A settlement entered into with Lenovo (Canada) Inc. is subject to court approval. The motion to approve the settlement will be heard in Toronto on March 27, 2020 at 10:00 am. The Notice of Hearing can be found here.
  • 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.
Documents

Pleadings

Contacts

David Sterns

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Karen Whibley

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