A class action lawsuit is a lawsuit filed by one person on behalf of a group of persons.
A number of class action lawsuits were started across Canada alleging that the defendants conspired to fix prices in the market for LCD Panels and Products. The following entities were named as defendants in some or all of the LCD Proceedings:
LCD Panels means liquid crystal display panels that are 10 inches or larger, measured diagonally. LCD Panels are the display devices used in, among other things, televisions, computer monitors and notebook computers.
LCD Products means televisions, computer monitors and notebook/laptop computers containing LCD Panels. LCD Panels are used in every flat-panel computer monitor and every notebook/laptop computer. A flat-panel television can contain either an LCD Panel or a plasma panel.
You can confirm that your television is equipped with an LCD Panel by referring to your television’s manual or proof of purchase.
You can also confirm that your television is equipped with an LCD Panel by referring to your television’s model number typically found at the back of a television. Once you have determined the model number, you can search the internet to determine if your television uses an LCD Panel or plasma panel.
Settlements totaling CDN $37.4 million have been reach with the following defendants:
The settlement funds (plus interest, less court-approved fees and expenses) are being held in trust for the benefit of settlement class members.
Five settlements, totaling $37.6 million, have previously been reached in the litigation. Settlements have been made with the following defendants:
The deadline for applying for money from these previous settlements has passed. The previous settlement funds were distributed to approved claimants in 2015.
You are eligible to receive money if you purchased LCD Panels LCD Products between January 1, 1998 and December 11, 2006 (the “settlement class” or “settlement class members”).
For the purpose of this distribution, settlement class members are divided into two groups:
Although settlements have only been reached with certain defendants, settlement class members can claim with respect to all LCD Panels and LCD Products purchases, regardless of the manufacturer or brand.
You cannot submit a claim if you are a defendant, a related entity of a defendant, or an employee, officer or director of a defendant, or you validly and timely opted-out (excluded yourself from) the class action.
New Claimants will be paid up to 2.45% of their eligible LCD purchases. As explained in FAQ 9, eligible LCD purchases will be calculated based on: (i) the value of the LCD Panels and LCD Products purchased; (ii) the relative value of the LCD Panel within an LCD Product; and (iii) the categorization of settlement class members.
If there are not sufficient funds to pay New Claimants 2.45% of their eligible purchases, the payments will be reduced proportionately.
If there are sufficient funds remaining after any New Claimants are paid 2.45% of their eligible LCD purchases (calculated in accordance with FAQ 9 below), a further distribution will be made to all eligible claimants.
The further distribution will be made on a prorata basis to all qualifying claimants. In other words, each individual claimant’s share in the settlement benefits will be proportional to the value of that claimant’s eligible LCD purchases relative to the value of all claimants’ eligible LCD purchases. Because settlement benefits are being distributed prorata, the amount payable to individual claimants will not be known until after the claims process is complete.
For the purpose of the distribution, eligible LCD purchases will be calculated based on: (i) the value of the LCD Panels and LCD Products purchased; (ii) the relative value of the LCD Panel within an LCD Product; and (iii) the categorization of settlement class members.
i. Value of the Product Purchased
Claimants may provide proof of purchase indicating the dollar value of their LCD Panel and/or LCD Product purchases. Where a claimant does not provide proof of purchase, the following values will be assigned:
ii. Relative Value of the LCD Panel
For the purpose of calculating payment of settlement benefits, the following values will be applied:
These values take into account the relative value of the LCD Panel in relation to the total value of the LCD Product.
iii. Categorization of settlement class members
Settlement class members can be categorized into one of four purchaser groups depending on from whom the product was purchased and the purpose for which the product was purchased.
The purchaser groups are as follows:
Settlement class members can fall within multiple purchaser groups. For example, a retailer might purchase LCD monitors for resale and for use by employees. Assuming the retailer purchased directly from a defendant, the retailer would qualify as a Direct Purchaser Reseller for the LCD monitors that are purchased for resale and a Direct Purchaser End User for the LCD monitors purchased for use by employees.
iv. Sample Calculations
Sample 1: If an Indirect Purchaser End User purchased an LCD television valued at $2,000, its eligible LCD purchases for the purpose of determining its prorata share of the Net Settlement Amount would be calculated as follows:
$2,000 x .40 (representing the product purchased) x .80 (representing the categorization of the settlement class member) = $640.
Sample 2: If a Direct Purchaser Reseller purchased LCD notebook computers valued at $1,000,000 and LCD monitors valued at $2,000,000, its eligible LCD purchases for the purpose of determining its prorata share of the Net Settlement Amount would be calculated as follows:
LCD notebook computers: $1,000,000 x .15 (representing the product purchased) x. 25 (representing the categorization of the settlement class member) = $37,500
LCD monitors: $2,000,000 x .8 (representing the product purchased) x .25 (representing the categorization of the settlement class member) = $400,000
These numbers do not reflect the actual amount to be paid to settlement class members, but rather the value of their eligible LCD purchases for the purpose of determining their prorata share in the Net Settlement Funds.
v. Minimum payments
Notwithstanding the above, New Claimants with valid claims will receive a minimum payment of $20. If the New Claimant’s prorata entitlement is less than $20, the New Claimant will have to account for that fact in any further distribution.
If the further prorata distribution would result in payments of $10-$19.99 to an Original Claimant, the payment will be increased to $20. The Original Claimant will have to account for the fact that their claim was increased beyond their prorata entitlement in any subsequent distribution.
If the further prorata distribution would result in payments of less than $10 to an Original Claimant, no additional payment will be issued to the Original Claimant. Regard will be given in any subsequent distribution to the fact that the Original Claimant did not receive payment in this distribution.
If your claim was approved as part of the first distribution or was denied solely on the basis that it was filed late, you will be asked to confirm the purchase information provided in the context of the first distribution. You will receive an email or letter with a Claim ID and PIN to login to the File Claim tab. Your purchase information will be pre-populated within the File Claim tab.
If you did not file a claim as part of the first distribution, you must file a properly completed claim, together with the required supporting documents. If you purchased directly from a defendant, where possible, you can rely on the defendants’ sales records to establish your purchases. If applicable, you will receive an email or letter with a Claim ID and PIN to login to the File Claim tab. Your purchase information will be pre-populated within the File Claim tab.
Claims must be submitted by no later than January 19, 2018.
New Claimants: As part of the claims process, settlement class members are required to establish their LCD Product purchases. Where possible, settlement class members who purchased directly from a defendant will be able to rely on the defendants’ sales records to establish their purchases. This information will be provided by email or letter from the claims administrator and will be pre-populated on the File Claim tab.
Where a settlement class member did not purchase directly from a defendant or sales data is not available, the settlement class member can provide other documentary proof of purchase. Please refer to paragraph 28 in the distribution protocol for more information.
Recognizing that some settlement class members will not have retained proof of purchase, settlement class members can file claims in respect of LCD Product and LCD Panel purchases that are not supported by documentary proof of purchase. Settlement class members can claim up to two undocumented LCD Product or LCD Panel purchases.
Original Claimants need only provide new information (including proof of purchase) if they are applying to receive payments in respect of additional purchases. Original Claimants who claimed in respect of two undocumented LCD Product or LCD Panel purchases, cannot claim in respect of additional purchases unless they provide proof of purchase.
Where a settlement class member has filed a claim not supported by documentary proof of purchase or the proof of purchase does not disclose the value of the LCD Product or LCD Panel, the LCD Product or LCD Panel will be assigned the values listed in FAQ 15.
Where a settlement class member purchased LCD Products as part of a package (i.e., your LCD monitor was purchased as part of a desktop computer) and the proof of purchase does not provide a specified cost for the LCD Products, the LCD Products will also be valued based on the amounts listed in FAQ 15.
It does not cost anything to file a claim. Counsel fees will be paid out of the settlement funds.
Immediately following submission of your claim, a page will display "Your Claim ID is: LCD-###### Thank you for filing your LCD 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 1-888-663-7195 or email us at LCD@nptricepoint.com.
Recognizing that some settlement class members will not have retained proof of purchase, Settlement Class Members can file claims in respect of two undocumented LCD Product purchases that are not supported by documentary proof of purchase. In such circumstances, Settlement Class Members can claim up to two LCD Product purchases per class member.
Where the claim is filed without proof of purchase or the proof of purchase does not disclose the value of the LCD Product purchases, the LCD Products will be valued as follows:
LCD panels – $560
LCD televisions – $1,500
LCD monitors – $700
LCD notebook computers – $2,250
The courts have appointed RicePoint Administration Inc., formerly NPT RicePoint Class Action Services, as the "Claims Administrator". The Claims Administrator will receive and review claims, make determinations in respect of entitlement to direct payment of settlement benefits, and issue payments to eligible settlement class members.
Once all claims are received and processed, decision notices will be sent to all settlement class members who file claims using the contact information provided in the claim form. If you change addresses prior to receiving a decision notice, it is your responsibility to advise the Claims Administrator.
Accurate claims processing claims takes a significant amount of time. Your patience is appreciated.
In class actions, payment typically occurs 6 to 12 months after the claims deadline. After all claims evaluations and any appeals are completed, the Claims Administrator must obtain authorization from the court to make the proposed payments to settlement class members. Payments will only be made once the authorization is received.
Settlement class members who file claims using the Online Claim Portal and provide banking information will be paid by direct deposit. All other Settlement Class Members will be paid by cheque.
Accurate claims processing claims takes a significant amount of time. Your patience is appreciated.
The law firm of Siskinds LLP represents settlement class members in Ontario, and in provinces other than British Columbia and Quebec, as well as corporations of more than 50 employees in Quebec. Siskinds LLP can be reached at:
Telephone (toll free): 1-800-461-6166 ext. 1315
Mail: 680 Waterloo Street, London, ON N6A 3V8 Attention: Charles Wright
The law firm of Camp Fiorante Matthews Mogerman represents settlement class members in British Columbia. British Columbia Class Counsel can be reached at:
Mail: #400 - 856 Homer Street, Vancouver, BC V6B 2W5 Attention: David Jones
The law firm of Bouchard Pagé Tremblay represents individuals and corporations of 50 or less employees who are settlement class members in Québec. Québec Class Counsel can be reached at:
Mail: 825 Boulevard Lebourgneuf, bureau 510, Québec, QC G2J 0B9 Attention: Maxime Blanchard
You do not need to pay out-of-pocket for the lawyers working on the class action. The lawyers will be paid from the settlement funds in the amount approved by the courts.
The Court approved Claims Administrator gathers and stores claim submissions using a secure site. More information about the Claims Administrator is available by clicking here
Litigation is continuing against Sharp Corporation, Sharp Electronics Corporation and Sharp Electronics of Canada Ltd.
In May 2011, the court certified the action as a class proceeding. This means that the court found that the action is properly prosecuted as a class action. The case was certified on behalf of all persons in Canada (excluding defendants and their respective parents, employees, subsidiaries, affiliates, officers and directors) who purchased LCD Panels and/or LCD Products directly from a defendant or any entity affiliated with a defendant, a named original equipment manufacturer or a named distributor in Canada between January 1998 and December 2006.
The defendants were granted leave to appeal the certification decision. The appeal was heard on November 18, 2015 and was dismissed by the Divisional Court on December 24, 2015.
A separate action was commenced against defendants based in Taiwan. That action has been resolved against all defendants.