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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Have questions about this case?

What is a class action?

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”.


Who brings a class action lawsuit forward?

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.


What is certification?

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.


Do I have to do anything to “join” the lawsuit?

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


Once I am part of the class do I have to do anything?

No. We will work primarily with the class representative.


What if I do not want to be included in the lawsuit?

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.


What are the benefits of proceeding as a class action?

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.


How long does it take for a class action to be resolved?

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


Can a class action lawsuit be settled without going to 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.


What are the chances of winning the action?

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


Will be liable for any costs or legal fees?

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).


Will I be liable for costs of the action if it is unsuccessful?

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


When can I expect to receive a payout from this class action?

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.


How will counsel keep me updated on the progress of the case?

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.


Where can I send any documents that I have that may be relevant to a class action?

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.