SRAM (“Static Random Access Memory”) is a computer memory chip found in many electronic devices.
Most electronic devices contain SRAM. However, only the following SRAM products are eligible for compensation from this lawsuit:
|■||Personal Digital Assistants|
|(“Eligible SRAM Products”)|
The Plaintiffs sued some SRAM manufacturers alleging they agreed to fix the price at which they sold SRAM and that, as a result, people in Canada who bought SRAM or electronic devices that contain SRAM in the period from January 1, 1998 to December 31, 2005 paid more than they would otherwise have paid.
In a class action, “representative plaintiffs” or “class representatives” sue on behalf of all “class members” or the “class”.
In this class action, it was alleged that all class members overpaid for SRAM and electronic devices containing SRAM in the period from January 1, 1998 to December 31, 2005. Jeremy Schimpf represents all class members in British Columbia. Communication Méga-Sat Inc. represents all class members in Québec. David Bratton represents all class members who live elsewhere in Canada.
A class action allows the courts to resolve the issues for all class members affected, except for those who choose to exclude themselves (opt out) from the class, in a single proceeding.
You are automatically a class member if you live in Canada and you bought SRAM or an electronic device containing SRAM between January 1, 1998 and December 31, 2005.
If you meet these criteria, you are a class member, whether you are a physical person, a business or a government entity, unless you are an officer or director, subsidiary or affiliate of one of the defendant manufacturers.
The final settlements with eleven groups of defendant manufacturers total $4.85 million.
|Defendant Group:||Settlement Amount|
This amount has been earning interest and is now $? million. Class counsel fees and expenses, fees and expenses for administration costs and for notice are approved by the courts and will be deducted from the settlement funds. The remaining settlement funds will be available to pay claims from qualified people who submit valid claims. The Courts will decide how any excess funds remaining after completion of the claims process will be distributed.
To receive money from the settlements, you must complete and submit the claim form on or before June 29, 2016. If your claim is late or disallowed, you will not receive any money from the settlements.
We strongly encourage class members to use the online claim form. Class members are entitled to file paper claims. Download a PDF claim form here or contact us if you have questions.
The Distribution Protocol divides the net settlement funds into three Claim Funds and provides for three types of claims. The type of SRAM claim or claims you are entitled to file will depend on the use to which you put the SRAM or Eligible SRAM Products that you purchased.
50% of net settlement fundsMake a Manufacturers Claim for SRAM you bought between January 1, 1998 and December 31, 2005 for you to manufacture or assemble products containing SRAM for direct or indirect commercial resale to End Users in the modified form.
25% of net settlement fundsMake an End User Claim for SRAM or Eligible SRAM Products that you bought between January 1, 1998 and December 31, 2005 for your own household/business use and not for commercial resale by you.
25% of net settlement fundsMake a Distributor/Reseller SRAM Purchasers Claim in respect of SRAM or Eligible SRAM Products you bought between January 1, 1998 and December 31, 2005 for you to resell without your having modified it.
You may be entitled to claim under more than one Claim Fund. If you are unsure about the type of SRAM claim to file for the SRAM purchases you made, please contact the Claims Administrator.
No. You must have purchased a minimum quantity of SRAM and/or Eligible SRAM Products to be eligible to make a claim. The online claim calculates the value of your SRAM purchases and will inform you if you do not have sufficient SRAM purchases to make an End User claim.
IMPORTANT- End User claims must have a Total SRAM Sum equal $100 or more to submit a claim. Please refer to the Distribution Protocol which explains how your Total SRAM Sum is calculated.
If your claim is accepted, your request will be valued based on the amount of SRAM and/or the number of Eligible SRAM Products you purchased. Subject to further Court order, payments will be made on a proportional basis (i.e., the value of your request relative to the value of all approved requests within that Claim Fund), provided it amounts to $25 or more. Cheques will not be issued for amounts below $25.
More information on how claims will be calculated is available in the Distribution Protocol.
Claims forms must be submitted by no later than June 29, 2016.
Filing a claim yourself will cost nothing.
Legal fees for class counsel and other expenses have been approved by the Courts and paid out of the settlement funds.
There are different requirements depending on your circumstances.
All class members submitting claims must certify that:
|■||The information concerning the number and type of SRAM and Eligible SRAM Purchases is true and correct;|
|■||No other compensation has been claimed or received pertaining to these SRAM or Eligible SRAM Products.|
For larger purchases and audited claims, some documentation may be required to prove your purchases. We recognize that, due to the time lag since you made these purchases, you may no longer have receipts. We will accept, as proof of purchase, any documents which either directly show your purchases or from which your purchases can be calculated or extrapolated. Some examples are purchase orders, historical accounting records, records showing the budgets for electronic purchases, and many other related documents. If you do not have any of these kinds of documents we may accept a statutory declaration setting out a reasonable estimate of the SRAM or Eligible SRAM Products that you purchased and an explanation of how that estimate was arrived at. Please contact the Claims Administrator to discuss this and we will work with you to determine your purchases.
Immediately following submission of your claim, a page will display "Your Claim ID is: SRAM-######
Thank you for filing your SRAM claim online on: [Date Claim was Submitted]"
You will also be sent confirmation of your claim by email to the email address you have provided in your claim.
If you do not get this message, please confirm that you have filled in all the required information. There will be red text on the form anywhere that information is missing. If you are still unsure whether your claim was submitted, call us at 1-(866)-982-8281 or email us at firstname.lastname@example.org.
The courts have appointed an independent third party, RicePoint Administration Inc. (the “Claims Administrator”) to receive and review claims, determine entitlement, and issue payments to eligible class members.
Once all claims are received and processed, the Claims Administrator will send out decision notices to all class members who file claims using the contact information provided in the claim form. If you move or change addresses after submitting a claim, you must send us your new address here.
Accurate claims processing takes time. Your patience is appreciated.
There are a number of steps to complete before we can pay claims.
After we receive all the claims, we must review them and send out decision notices. We will then seek approval to authorize all payments. Once payments are authorized, we can send out cheques or electronic cash transfers to all eligible class members.
Accurate claims processing takes time and your patience is appreciated. We are hoping to mail out cheques in Winter 2016.
Your information is protected by privacy laws and stored using a secure site. Only the court approved Claims Administrator (RicePoint Administration Inc.) and the lawyers representing the class (see Question 19 below) have access to your information. We can only use it for the purpose of this class action or as you otherwise agree. For instance, if you mark “I want to receive emails about other similar class actions in Canada about computer components” on the claim form, we will keep your information to use in other, similar class actions where you may have a claim.
The defendant manufacturers do not have access to the list of class members who have made a claim nor to any of your information.
More information about the Claims Administrator is available by clicking here.
We would be pleased to answer them and help you. Please call us at 1-(866)-982-8281 or email us at email@example.com.
There are other similar class actions ongoing in Canada relating to price fixing of other computer components involving one or more of the Class Counsel law firms. You may also be a class member in these other lawsuits involving:
|■||Optical disc drives (ODD), between 2005 and the present; and|
|■||Lithium ion rechargeable batteries, between 2002 and 2012.|
Whether you are eligible to claim in the listed class actions will depend on the outcome of those lawsuits and the terms of any court orders or settlements in those lawsuits.
More information about these lawsuits, and the lawyers who are class counsel in them, is available at www.cfmlawyers.ca/class-actions.
We would like to keep your name and contact information to send you information about these other lawsuits so that if you are eligible, you can make a claim. We will keep your information secure.
If you check the box saying that you want to receive emails about other computer component class actions, you will be agreeing to the following terms:
|■||The Claims Administrator (RicePoint Administration Inc.) keeping your name and contact information and providing it to the lawyers who act as class counsel in the lawsuits listed above solely to provide you with notice of these class actions.|
|■||If another company is appointed as administrator in the listed class actions, your information will be provided to that company to be used solely to provide you with notice of that class action.|
|■||Unless you write to the Claims Administrator at the address below to withdraw your agreement, your name and contact information will be kept until the last of the listed lawsuits is completed, at which time it will be destroyed by any law firm or claims administration firm that has it.|
|■||For your information to be used in the listed class actions, the courts in those class actions must approve that use.|
|■||Whether you are eligible to claim in the listed class actions will depend on the outcome of those lawsuits and the terms of any court orders or settlements in those lawsuits.|
You may write to the following at any time to withdraw your agreement:
Canadian SRAM Class Action Claims Administrator,
P.O. Box 3355, London, ON N6A 4K3