Canadian Retailer - Spring 2016 - 15

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LEGAL NOTICE

If you accepted Visa or MasterCard credits cards as payment for goods
ORSERVICESAFTER-ARCHYOURRIGHTSCOULDBEAFFECTEDBYA
proposed national class action settlement with Desjardins.
The Credit Card Actions
Class action lawsuits were commenced in British Columbia (the "BC Action"),
Alberta, Saskatchewan, Quebec and Ontario (collectively, the "Credit Card
Actions") against Visa Canada Corporation ("Visa"), MasterCard International
Incorporated ("MasterCard") and certain banks which issue credit cards ("Issuing
Banks") alleging each of Visa and MasterCard conspired with their issuing
banks and Acquirers in setting the amount of interchange fees and imposing
rules restricting merchants' ability to surcharge or refuse higher cost Visa and
MasterCard credit cards ("Acquirer" is an organization or person that entered into
a contract with a merchant for the provision of Visa Credit Card or MasterCard
Credit Card services and charging Merchant Discount Fees, which account for
and/or include Interchange fees in Canada). The BC Action was certiﬁed as a
class proceeding as against all defendants except for the Fédération des caisses
Desjardins du Québec ("Desjardins").

The Settlement
Although Desjardins denies liability, it has reached a national settlement with
the plaintiffs (the "Desjardins Settlement"), subject to approval of the courts in
British Columbia, Alberta, Saskatchewan, Quebec and Ontario (the "Courts").
Desjardins will pay CAD $9,900,000 (the "Settlement Amount") for the beneﬁt
of the Settlement Class Members (see below) and provide cooperation that will
assist with prosecuting the ongoing actions against the non-settling defendants in
exchange for a full release of claims against it and its related entities.
If the Settlement is approved, the Class Lawyers will ask the Courts to approve
the deduction of certain amounts (collectively, the "Court Approved Expenses")
from the Settlement Amount, including costs incurred to distribute this notice and
process opt-out requests, comments and objections (see below), a counsel fee of
up to 25% of the recovered amounts, and disbursements.
As the Credit Card Actions will continue as against the other defendants, it
is proposed that the amounts remaining from the Settlement Amount after
deduction of all Court Approved Expenses be held in trust for Settlement Class
Members pending receipt of further settlements or awards that may justify
a distribution effort, or conclusion of the Credit Card Actions. At such time, a
distribution protocol will be created and submitted to the Courts for approval,
and further notice will be provided to Settlement Class Members. If you
would like to receive direct notice of any distribution efforts, please register at
www.CreditCardSettlements.ca, or contact one of the Class Lawyers listed below.

Certiﬁcation/Authorization as Class Proceedings
for Settlement Purposes
Separate and apart from the certiﬁcation of the BC Action against all defendants
(except for Desjardins), in order to implement the Settlement, the Courts have
certiﬁed/authorized all of the Credit Card Actions as class proceedings against
Desjardins for settlement purposes only.

Who Are The Settlement Class Members?
You are a Settlement Class Member if you accept or accepted Visa credit
cards and/or MasterCard credit cards as payment for goods or services and
incurred merchant discount fees, including interchange fees, in Canada since
March 23, 2001.
All Settlement Class Members are affected by this notice.

Settlement Approval Hearings
Hearings to consider approval of the Settlement, a counsel fee of up to 25% of
the recovered amounts, and disbursements payable from the Settlement Amount
will be heard on May 24, 2016 at 10:00 a.m. (British Columbia Supreme Court,
Vancouver), May 26, 2016 at 2:00 p.m. (Quebec Superior Court, Montreal), June
1, 2016 at 10:00 a.m. (Ontario Superior Court of Justice, Toronto), June 10, 2016
at 10:00 a.m. (Court of Queen's Bench for Saskatchewan, Regina), and June 24,
2016 at 10:00 a.m. (Court of Queen's Bench of Alberta, Edmonton). Anyone
can attend the hearings, but if you wish to speak to the Court, please advise the
Administrator (Epiq Systems)*.
If you wish to provide written comment on or objection to the Settlement, you
must do so by delivering same to the Administrator* by May 17, 2016. Comments
or objections will be provided to the Court for consideration in whether to
approve or reject the Settlement.

Participating in the Settlements or
the Credit Card Actions
If you fall within the Settlement Class, including the Quebec Settlement Class
(deﬁned below), and wish to participate in the Settlement and in the continuing
Credit Card Actions, you do not need to do anything at this time.

Opting Out of the Class Proceedings in British
Columbia, Alberta, Saskatchewan and Ontario
The deadline to opt out of the Settlements or the class actions in British Columbia,
Alberta, Saskatchewan and Ontario has already expired. You can no longer optout of the British Columbia, Alberta, Saskatchewan and Ontario class actions.

Opting Out of the Class Proceedings in Quebec Only
The deadline to opt out of the Desjardins Settlement or the class action in Quebec
is May 21, 2016.

Consequences of Opting Out in Quebec
By opting out, you are choosing:
1) not to take part in any of the Desjardins Settlement in Quebec,
2) not to participate in the ongoing prosecution of the Credit Card Class
Action in Quebec against the other defendants, AND
3) not to participate in any future settlements reached in the Credit Card Class
Action in Quebec.
Quebec Settlement Class Members who opt out will not be bound by any of
the Desjardins Settlement or the releases in the Desjardins Settlement, but will
also not be entitled to share in any of the proceeds that may become available to
merchants as part of the Desjardins Settlement or other settlement(s). Quebec
Settlement Class Members who opt out will also not be entitled to participate
in the continued prosecution of the Credit Card Class Action in Quebec or
future settlements.

Consequences of Not Opting Out in Quebec
You are a Quebec Settlement Class Member if you are a Quebec resident
person who accepted Visa and/or MasterCard credit cards as payment for goods
or services and incurred merchant discount fees, including interchange fees,
in Canada, at any time since March 23, 2001. Any legal persons established
for a private interest, partnership or association which at any time between
December 17, 2009 and December 17, 2010 had under its direction or control
more than 50 persons bound to it by contract of employment are not Quebec
Settlement Class Members.
Quebec Settlement Class Members who do not opt out will be bound by the
Settlements and the releases in them, and will be entitled to share in any of the
proceeds that may become available to merchants as part of the Settlements. They
will have an opportunity to opt out of the ongoing litigation against the other
defendants if and when such litigation is authorized as a class action against some
or all of those remaining defendants.
*

*

*

FOR MORE INFORMATION on the status of the approval hearings or on how to
opt out of the Credit Card Actions, comment or object to any of the Settlements,
or to view the Settlements and a list of other deﬁnitions that apply to this Notice,
visit www.CreditCardSettlements.ca, which will be periodically updated with
information on the Settlements approval process and the Credit Card Actions.
*For communications with the Opt-Out Administrator, Epiq Systems call
(877) 283-6548, email info@CreditCardSettlements.ca, fax (844) 772-0145 or
write to Canadian Interchange, PO Box 2312, 349 W Georgia St., Vancouver,
BC V6B 1Y0.
CLASS LAWYERS can be reached at lawyer@CreditCardSettlements.ca and are:
 Branch MacMaster LLP at (604) 654-2999 (Luciana Brasil)
 Camp Fiorante Mathews Mogerman at (604) 689-7555 (David Jones)
 Consumer Law Group Inc. (for Quebec residents) at 1-888-909-7863 x2
(Jeff Orenstein)
This notice is approved by the Courts.

WWW#REDIT#ARD3ETTLEMENTSCAs
http://www.creditcardsettlements.ca http://www.CreditCardSettlements.ca http://www.CreditCardSettlements.ca
Table of Contents for the Digital Edition of Canadian Retailer - Spring 2016
