Siskinds LLP has filed a proposed class action alleging that the defendants conspired to fix, maintain, or stabilize the prices of HDD Suspension Assemblies sold in North America and elsewhere between May 1, 2008 and April 30, 2016. Siskinds’ Québec-based affiliate, Siskinds Desmeules, also filed a similar action on behalf of Québec residents.
HDD Suspension Assemblies are components of hard disk drives, which are used to store information electronically.
The class action applies with respect to purchasers of HDD Suspension Assemblies and/or products containing HDD Suspension Assemblies (“HDD Products”) which include but are not limited to: computers; gaming systems; printers; and copy machines.
Developments
By reasons dated October 6, 2022, the action was certified as a class proceeding. You can view a copy of the decision by clicking here. In the same decision, the court also dismissed the defendants’ jurisdictional challenge and evidentiary objections. This decision is currently being appealed.
FAQs
What is a Class Action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the HDD Suspension Assemblies class action?
You are affected by the class action and are a “member” of the class if you are a person in Canada who between May 1, 2008 and April 30, 2016:
- purchased HDD Suspension Assemblies in Canada; or
- purchased an HDD Product(s) in Canada.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
Can I exclude myself from the class action?
Yes. After the class action is certified, you will be given an opportunity to opt out (exclude yourself from the class action). If you opt out, you will not be able to participate in any settlement or court award achieved in the class action, but you may be able to pursue your claim on an individual basis. Generally speaking, you would only want to opt out of a class action if you intend to bring individual litigation. In most circumstances, it is more cost effective to participate in a class action because the legal costs are spread over a large number of people, making it more economic for any individual class member to obtain relief.
What should I do to protect my rights?
To protect your rights, you should:
- Keep records of any purchases of HDD Suspension Assemblies or HDD Products from May 1, 2008 to April 30, 2016; and
- Register to receive updates on this case by filling out the form below.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.