This Settlement resolves litigation against the Defendants alleging that the Defendants experienced multiple data breaches between 2013 and 2016 because they had inadequate data security measures in place to protect account holders’ personal information. The Plaintiffs claim that they were injured as a result.
The Defendants deny that they have violated any law or engaged in any wrongdoing. The parties agreed to resolve these matters before these issues were decided by the Court.
TopA settlement is an agreement between a plaintiff (or multiple plaintiffs) and a defendant (or multiple defendants) to resolve a lawsuit. Settlements end all or part of a lawsuit without a trial and without the court or a jury ruling in favor of either side. All parties in the lawsuit agree to a settlement to avoid the cost and risk of further litigation, including a potential trial, and to afford Class Members benefits in exchange for releasing the Defendants from liability. This proposed Settlement does not necessarily mean that the Defendants broke any laws or did anything wrong, and the Court did not decide which side was right.
TopYou may make a claim on the Settlement Fund by filling out the appropriate form on the website. You must do so before December 27, 2024 in order to receive a payment.
TopYou are a Class Member if you are a Canadian resident with a Yahoo account at any time during the period January 1, 2012 through December 31, 2016, inclusive and you have not already opted out of the Class.
TopThe Settlement provides the following benefits to Class Members:
Category A Claims: up to $4 million to pay claims for:
Category B Claims: Cash Payment, as an Alternative to Category A Claims; or
Category C Claims: Credit Monitoring Services of at least one year, as an Alternative to Category B Claims.
TopOut-of-Pocket Costs
You may request payment of Out-of-Pocket Costs by submitting an Out-of-Pocket Costs Claim Form (either in paper form or on the Settlement Website) to the Claims Administrator accompanied by a declaration for the Out-of-Pocket Costs incurred, and documentation of Out-of-Pocket Costs, as detailed on the Out-of-Pocket Costs Claim Form.
The Claims Administrator will verify that each person who submits an Out-of-Pocket Costs Claim Form is a Class Member. The Claims Administrator will have the sole discretion and authority to determine whether and to what extent an Out-of-Pocket Costs Claim Form reflects valid Out-of-Pocket Costs. To the extent the Claims Administrator determines a claim for Out-of-Pocket Costs is deficient, the Claims Administrator will, within 15 days of making the determination, notify the Class Member of the deficiencies and give the Class Member 30 days to cure the deficiencies. The Claims Administrator will have the sole discretion and authority to determine whether the Class Member has cured the deficient claim such that it reflects valid Out-of-Pocket Costs.
Out-of-Pocket Costs for preventative measures, such as obtaining credit-monitoring services, insurance or credit freezes, will be considered to be due to one or more of the Data Breaches if the Class Member states that they believe the costs were incurred as a result of one or more of the Data Breaches. Out-of-Pocket Costs for unreimbursed losses related to identity theft, falsified tax returns, or other alleged wrongdoing (collectively “Misconduct”), or for attempting to remedy Misconduct, shall be considered to be due to one or more of the Data Breaches if: (i) the Misconduct occurred within four months of Notice of one or more of the Data Breaches; (ii) the Class Member states that he, she, or it believes the Misconduct is connected to one or more of the Data Breaches; and
(iii) the Misconduct involved possible misuse of the type of personal information accessed in one or more of the Data Breaches
(i.e., names, email addresses, telephone numbers, birth dates, passwords, and security questions of Yahoo account holders, or from contents of the Class Member’s email account, such as financial communications and records containing credit cards, retail accounts, banking, account passwords, tax documents, and social insurance numbers from transactions conducted by email).
Paid User Costs
All Paid Users will be eligible to receive an amount of up to 25% of the cost of services paid for between August 1, 2013 and
December 31, 2016, upon submission of a valid Paid User Claim Form (as determined by the Claims Administrator).
The Claims Administrator will verify that each person who submits a Paid User Claim Form is a Class Member and a Paid User. The Claims Administrator will have the sole discretion and authority to determine whether and to what extent a Paid User Claim Form reflects valid Paid User services. To the extent the Claims Administrator determines a claim for Paid User services is deficient, the Claims Administrator will, within 15 days of making the determination, notify the Class Member of the deficiencies and give the Class Member 30 days to cure the deficiencies. The Claims Administrator will have the sole discretion and authority to determine whether the Class Member has cured the deficient claim such that it reflects valid Paid User services.
Small Business User Costs
All Small Business Users will be eligible to receive an amount of up to 25% of the cost of services paid for between August 1, 2013 and December 31, 2016, upon submission of a valid Small Business User Claim Form (as determined by the Claims Administrator).
The Claims Administrator will verify that each person who submits a Small Business User Claim Form is a Class Member and a Small Business User. The Claims Administrator will have the sole discretion and authority to determine whether and to what extent a Small Business User Claim Form reflects valid Small Business User services. To the extent the Claims Administrator determines a claim for Small Business User services is deficient, the Claims Administrator will, within 15 days of making the determination, notify the Class Member of the deficiencies and give the Class Member 30 days to cure the deficiencies. The Claims Administrator will have the sole discretion and authority to determine whether the Class Member has cured the deficient claim such that it reflects valid Small Business User services.
TopEach Class Member who submits a Claim Form for valid Out-of-Pocket Costs, Paid User services and Small Business services (as determined by the Claims Administrator) will be eligible to receive a payment equal to the lesser of: (i) the amount of the Class Member’s valid Out-of-Pocket Costs and recoverable Paid User services and Small Business services, or (ii) $25,000; provided, however, that the payment may be reduced as provided in section 6.1 of the Settlement Agreement.
If the total of the Category A Claims exceeds $4 million, any excess funds after Category B Claims have been paid will go to fund Category A Claims. If there remains a shortfall in funds in respect of Category A Claims, then the available funds will be distributed to Category A Claims on a pro rata basis.
If the total of the Category A Claims is less than $4 million, the available funds will be distributed to top up any shortfall in funds in respect of Category B Claims, or, if there is no shortfall in Category B Claims, to fund Credit Services, if those services are available.
TopClass Members who do not request payment of their Out-of-Pocket Costs, recoverable Paid User services and Small Business services may request compensation for wasted time and inconvenience responding to one or more of the Data Breaches by submitting an Alternative Compensation Claim Form (either in paper form or on the Settlement Website) to the Claims Administrator accompanied by a declaration in respect of the time spent responding to one or more of the Data Breaches as detailed on the Alternative Compensation Claim Form.
The Claims Administrator will verify that each person who submits an Alternative Compensation Claim Form is a Class Member. The Claims Administrator will have the sole discretion and authority to determine whether and to what extent an Alternative Compensation Claim Form reflects wasted time and expense responding to one or more of the Data Breaches. To the extent the Claims Administrator determines a claim for Alternative Compensation is deficient, within 15 days of making the determination, the Claims Administrator will notify the Class Member of the deficiencies and give the Class Member 30 days to cure the deficiencies. The Claims Administrator will have the sole discretion and authority to determine whether the Class Member has cured the deficient claim such that it reflects valid losses actually incurred.
TopAlternative Compensation Claims will be eligible to receive $25 per hour for each hour spent responding to one or more of the Data Breaches, not to exceed $125 for each Data Breach where the Class Member received a Notice of the Data Breach upon submission of a valid Alternative Compensation Claim Form (as determined by the Claims Administrator); provided, however, that the payment may be reduced as provided in section 6.2 of the Settlement Agreement.
If the total of Category B Claims, excluding those who elect Credit Services (i.e., Category C Claims) exceeds the portion of the Net Settlement Fund allocated to Category B Claims, then Category C Claims will be treated as Category B Claims and the available funds will be distributed to Category B Claims on a pro rata basis.
If the total of Category B Claims, excluding those who elect Credit Services (i.e., Category C Claims), is less than the portion of the Net Settlement Fund allocated to Category B Claims, any excess funds will pay for Credit Services. In the event these excess funds are sufficient to purchase Credit Services, then Class Counsel will make reasonable efforts to purchase the best product available with the funds available, with a goal of two years of Credit Services. If the surplus is insufficient to purchase Credit Services for Class Members who elect Credit Services, all Category C Claims will be treated as Category B Claims and paid accordingly, and Credit Services will not be purchased.
TopClass Members who submit an Alternative Compensation Claim Form and who qualify for Alternative Compensation may elect to waive that compensation in favour of Credit Services, should there be a sufficient residue in the balance of the Net Settlement Fund to fund Credit Services. Credit Services for a term of up to two years have an estimated retail value of $478.80 per Class Member.
Class Members who make this election must request Credit Monitoring Services by indicating this election on, and submitting, an Alternative Compensation Claim Form (either in paper form or on the Settlement Website) to the Claims Administrator as detailed on the Alternative Compensation Claim Form.
The Claims Administrator will verify that each person who submits an Alternative Compensation Claim Form electing Credit Services: (i) is a Class Member; and (ii) otherwise qualifies for Alternative Compensation. Ambiguities or deficiencies on the face of the Alternative Compensation Claim Form shall be resolved by the Claims Administrator. To the extent there is any ambiguity with respect to a Class Member’s election for Credit Services, and the Claims Administrator cannot resolve the ambiguity, the ambiguous Claim Form shall default to a claim for Alternative Compensation. However, for either ambiguities or deficiencies, the Claims Administrator will first ask the Class Member to cure the ambiguity or deficiency, and in doing so, may use its discretion to determine the most efficient and effective means of communicating with the Class Member, whether by email, telephone, or mail. Disputes with respect to any Claim Form will be resolved by the Claims Administrator.
TopIf the total of Category B Claims, excluding those who elect Credit Services (i.e., Category C Claims) is less than the portion of the Net Settlement Fund allocated to Category B Claims, any excess funds will pay for Credit Services. In the event these excess funds are sufficient to purchase Credit Services then Class Counsel will make reasonable efforts to purchase the best product available with the funds available, with a goal of two years of Credit Services. If the surplus is insufficient to purchase Credit Services for Class Members who elect Credit Services, all Category C Claims will be treated as Category B Claims and paid accordingly and Credit Services will not be purchased.
TopPayments for valid claims and Credit Monitoring Services will be made after the Claims Period closes and all claims are resolved. This process may take longer than one year. Please be patient.
Amounts for valid Out-of-Pocket Costs, Paid User Costs, Small Business User Costs and Alternative Compensation will be e- transferred by the Claims Administrator to the email address that you provide, or deposited by direct deposit to the bank account information that you provide on your Claim Form(s).
If you make a valid claim for Credit Monitoring Services, the Claims Administrator will send you information on how to activate your credit monitoring.
TopAdditional information about the proposed settlement can be found on the Documents page of this website. You may also contact the Claims Administrator at [email protected] or 1-866-808-8075.
TopYes. The Court appointed as Class Counsel Charney Lawyers to represent you and the other Class Members.
Charney Lawyers
151 Bloor Street West, Suite 602
Toronto, ON M5S 1S4
Phone: (416) 964-7950
e-mail: [email protected]
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