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Walmart Photo Settlement Class Action

Important Update

Deloitte was appointed by the Ontario court as Claims Administrator of the settlement in the lawsuit against Wal-Mart Canada Corp. ("Walmart") and PNI Digital Media Inc. ("PNI") relating to Walmart customers who used the Walmart Photocentre website between June 1, 2014 and July 10, 2015 and whose information may have been compromised as a result of a data security incident that was first disclosed in July 2015 (the "Data Security incident").

In order to be eligible to receive benefits under the Settlement, you must have used the Walmart's Photocentre between June 1, 2014 and July 10, 2015, you must have been a Canadian resident, and did not opt out of the Settlement.

The deadline to submit your claim expired on September 25, 2017 and additional claims submissions are not permitted under the terms of the settlement.

 

Intro​du​ction

 

If you are a Canadian resident and used the Walmart Photocentre website between June 1, 2014 and July 10, 2015, you may be eligible for benefits from a court-approved class action settlement.

The Ontario court has approved a settlement in a lawsuit against Wal-Mart Canada Corp. ("Walmart") and PNI Digital Media Inc. ("PNI") relating to Walmart customers who used the Walmart Photocentre website between June 1, 2014 and July 10, 2015 and whose information may have been compromised as a result of a data security incident that was first disclosed in July 2015 (the "Data Security incident").

 

Online Claims Application

 

The deadline to submit your claim expired on September 25, 2017 and additional claims submissions are not permitted under the terms of the settlement.

 

Court Documents

 

Adobe Acrobat is required to view these documents. To download Adobe Acrobat, click here.

Main Documents and Notices

  1. Settlement Agreement.pdf
  2. Legal Notice (EN).pdf
  3. Legal Notice (FR).pdf
  4. Certification Order.pdf
  5. Approval Order.pdf

 

FAQ​

Last updated: June 23, 2017

  1. What is the lawsuit about?                  
  2. Am I a member of the Settlement Class?
  3. What benefits will be available?
  4. How do I get benefits?
  5. How do I submit an Online Claim?
  6. How can I obtain further information?
  7. How can I contact Class Counsel?

 

What is the lawsuit about?

A Representative Plaintiff, Heather Drew, brought a national Class Proceeding against Wal-Mart Canada Corp and PNI Digital Media Inc. ("Walmart" and "PNI"), seeking damages on behalf of Walmart customers resident or situated in Canada who used Walmart's Photocentre website between June 1, 2014 and July 10, 2015 and whose personal information may have been compromised in a data security incident that was first disclosed in July 2015. [top]

Am I a member of the Settlement Class?

You are a member of the Settlement Class and therefore eligible to receive benefits if (1) you are a Canadian resident, (2) you used Walmart’s Photocentre website between June 1, 2014 and July 10, 2015 and (3) you have not opted out of the Settlement.  [top]

What benefits are available?

If you are a member of the Settlement Class, you may make claims for benefits under either or both of the Funds set out below: 

Cash Fund: If you are a member of the Settlement Class and have losses caused by the Data Security Incident (including fraudulent unreimbursed charges and time spent remedying any fraudulent charges to your credit card), you are eligible to apply for reimbursement of those losses in accordance with the Settlement Agreement. Any Class Member making a claim for out-of-pocket losses or unreimbursed charges may receive $15/hr for up to five hours of time spent remedying those losses or charges, if he or she can provide documented evidence of such losses. If he or she cannot provide documented evidence of such losses, the Class Member may receive $15/hr for up to two hours of time spent remedying the losses or charges.  The maximum cumulative total available under the Settlement for the recovery of expenses is $400,000, to be distributed to Class Members who are eligible and submit a claim, in the order in which the claims are made until the maximum cumulative available total ($400,000) is reached.

Monitoring Services:  If you are a member of the Settlement Class, you will be able to apply for free credit monitoring services for up to one (1) year, regardless of whether you submit a claim to the Cash Fund.  If you are a member of the Settlement Class who purchased credit monitoring services as a result of the Data Security Incident, you would be able to apply for reimbursement of the cost of those services in accordance with the Settlement Agreement.  The maximum cumulative total available under the Settlement for credit monitoring is $350,000, to be distributed in the order in which the claims are made.

Eligible persons may make claims under both the Cash Fund and the Credit Monitoring Service. Walmart and PNI will also pay for the costs of administering these benefits, up to $250,000.  [top

How do I get benefits?

To receive these benefits, you must submit a valid Online Claim.  Online Claims will only be accepted from June 27, 2017 through to September 25, 2017. 

As benefits will be distributed in the order in which claims are made, you are encouraged to submit your Online Claim as soon as possible on or after June 27, 2017.  The deadline to submit your Online Claim to the Claims Administrator is September 25, 2017.

Your failure to properly submit a valid Online Claim within the Claims period will prevent you from receiving recovery of any benefits under the settlement. [top]

How do I submit an Online Claim?

The deadline to submit your claim expired on September 25, 2017 and additional claims submissions are not permitted under the terms of the settlement. [top]

How can I obtain further information?

You may obtain a copy of the Settlement Agreement itself by visiting the claims administration website at: www.walmartphotosettlement.com

You may direct any questions to the Claims Administrator at walmartphoto@deloitte.ca  [top]

How can I contact Class Counsel?

You may direct any questions to Class Counsel at sbrown@fmlaw.ca  [top]

 

Contact Us​

If you have further questions regarding the administration of the Settlement, please read the FAQ section above.

The Claims Administrator is available via email at walmartphoto@deloitte.ca  [top]