Actions were commenced in British Columbia and Quebec seeking damages and other relief on behalf of Canadian purchasers of cellular devices (such as cell phones and tablets) that use modem chips. Modem chips are semi-conductor devices that enable cell phones and other devices to connect to cellular networks operated by providers such as Rogers and Bell.
The class actions allege that Qualcomm Incorporated engaged in anti-competitive, unreasonable, unfair, discriminatory, and bad faith conduct in the Modem Chip market since January 1, 2006 that resulted in consumers paying artificially inflated prices for cellular devices.
Developments
British Columbia Action
The certification motion was heard on September 12-16, 2022 in Vancouver, British Columbia. The decision has not been rendered.
At the certification hearing, the court is to determine whether the litigation is properly prosecuted as a class action. Certification was sought on behalf of all Canadians, outside of Quebec, who purchased cellular devices (such as cell phones and tablets).
Qualcomm brought a motion for summary judgment, seeking to have the BC action dismissed in its entirety. That motion was also heard September 12-16 and the decision has not been rendered.
Quebec Action
By decision dated April 30, 2019, the Quebec Superior Court authorized the class action on behalf of all persons in Quebec who purchased a cellular device (such as a cell phone or tablet) since December 11, 2014, not for commercial resale, and whose processor was manufactured by Qualcomm Incorporated or for which royalties were paid to Qualcomm Incorporated. You can review a copy of the decision by clicking here [Unofficial Translation]
Please review the Notice of Authorization for further information.
This action, which was brought by the law firm Trudel Johnston Lespérance is now being prosecuted by Klein Avocats Plaideurs Inc and Siskinds Desmeules Avocats.
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 Qualcomm Incorporated class action?
You are affected by the class action and are a “member” of the class if you are a person in Canada who purchased a cellular device that utilizes a modem chip since January 1, 2006.
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?
British Columbia 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.
Quebec Action - No. The time to opt out of the Quebec Action expired on November 11, 2019.
What should I do to protect my rights?
To protect your rights, you should:
- Keep records of any purchases of cell phones and/or other products containing modem chips, purchased since January 1, 2006.
- Register to receive updates about the class action by clicking on the Join button and filling out the form.
I still have a question. Who should I contact?
If you have any other questions, please complete the contact form below.
Documents
Quebec Action
- Authorization Decision [English - Unofficial Translation] [French]
- Notice of Authorization [English] [French]