Nissan customers in Canada may soon be eligible to file a claim in a proposed $1.82 million class action settlement resulting from a data breach in 2017.

The settlement was negotiated after two lawsuits filed in Ontario and Quebec in 2018 alleged that the manufacturer was responsible for the breach.

Nissan denies these allegations, and none have been tested in court. Instead, the parties chose to negotiate a settlement.

Data breach

According to Nissan, the breach occurred in December 2017.

The following month, messages were sent to customers informing them of the breach and that their personal data may have been exposed. According to the lawyers representing the plaintiffs, that message did not clarify how and exactly when the breach occurred.

The personal information involved included names, addresses, credit scores, vehicle makes and models, vehicle identification numbers, loan amounts, and monthly payments.

At that time, Nissan said it contacted Canadian privacy regulators, law enforcement experts, and data security to help investigate the breach.

It also provided affected customers with 12 months of credit monitoring services.

What next?

Before class members can claim a portion of the approximately $2 million settlement, it must first be approved by the courts.

The Ontario Superior Court of Justice scheduled the approval hearing on April 24. No date has been set yet for the Quebec hearing.

Who in Ontario will be eligible for payment if approved?

Unlike the lawsuit in Quebec which targeted only Nissan Canada Inc., the Ontario case named Nissan Canada Inc., Nissan Canada Financial Services Inc., and Nissan North America, Inc.

If the settlement is approved, anyone with active leases or loans with the three named companies between December 22, 2016, and January 12, 2017, will be eligible for payment.

In that case, class members can apply for up to $2,500 each.

First, they will need to submit a "documented claim" to prove their eligibility and show damages or costs or losses incurred.

If they lack the necessary evidence to prove eligibility and compensation, members will also have the option to submit an "undocumented claim," where they can see $35 as compensation.

If approved, members can file claims on the websites of the respective law firms involved.