Official Settlement Information Website
Did you purchase electrolytic capacitors or products containing electrolytic capacitors, such as a computer, a smartphone or a television, between September 1, 1997 and December 31, 2014 (the “Class Period”)? If so, your legal rights could be affected.
CLASS ACTIONS ARE UNDERWAY ACROSS CANADA, WHICH ALLEGE OVERCHARGES FOR ELECTROLYTIC CAPACITORS, OR PRODUCTS CONTAINING ELECTROLYTIC CAPACITORS, PURCHASED DURING THAT TIME (the “Electrolytic Capacitor Class Actions”).
AM I A CLASS MEMBER?
If you are a Canadian resident and purchased electrolytic capacitors or products containing electrolytic capacitors during the Class Period, you are a settlement class member (“Electrolytic Settlement Class Member”) in one of three Electrolytic Capacitor Class Actions being pursued jointly across Canada: 1) a British Columbia action for residents of British Columbia, 2) a Québec action for residents of Québec, 3) an Ontario action for the residents of Ontario and the rest of Canada.
A settlement agreement has been reached with:
ELNA Co., Ltd. and ELNA America, Inc. (collectively “ELNA”); and Holy Stone Enterprise Co., Ltd., Vishay Polytech Co., Ltd. f/k/a Holy Stone Polytech Co., Ltd., Milestone Global Technology, Inc. d/b/a Holy Stone International, Holy Stone Holdings Co., Ltd., and Vishay Intertechnology, Inc., (collectively “Holy Stone”).
ELNA and Holy Stone have agreed to pay CAD $2,475,000 and CAD $790,000, respectively, for the benefit of the Electrolytic Settlement Class Members, and CAD $25,000 and CAD $10,000, respectively, for the benefit of class members in a separate film capacitor class action (“Film Settlement Class Members” and “Film Capacitor Class Action”). In addition, both ELNA and Holy Stone have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, ELNA and Holy Stone will be provided with a full release of the claims against them in relation to the Class Actions. The settlements are not admissions of liability, fault, or wrongdoing, but are compromises of disputed claims.
WHAT DO I HAVE TO DO NOW?
Settlement money will not be distributed now, as the case is still ongoing.
The Court must now determine whether the settlement is fair, reasonable and in the best interests of Electrolytic Settlement Class Members.
Motions to approve the settlement are scheduled to be heard at:
● the Ontario Superior Court of Justice on March 21st, 2022, at 10:00 am, virtually via Zoom videoconference;
● the Supreme Court of British Columbia on March 30th, 2022, at 9:00 am, virtually via Zoom videoconference, and;
● the Superior Court of Québec on March 28th, 2022 at 9:30 am, virtually via Microsoft Teams videoconference.
Depending on the Covid-19 protocols in place at the time, it is anticipated that the settlement approval hearing will proceed by videoconference. If you think you are an Electrolytic Settlement Class Member and want to participate in the settlement approval hearing in your jurisdiction, please contact the lawyers working on the Class Actions for instructions and particulars on how to join the hearing.
If you do not oppose the settlement, you do not need to take any other action at this time.
If you wish to comment or object to the settlement, you must deliver a written submission to one of the lawyers listed here by March 14, 2022 at the latest.
STATUS OF THE CLASS ACTIONS
Prior settlements were reached with the defendants Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”), and with NEC TOKIN Corporation and NEC TOKIN America Inc. (“Tokin”). Panasonic and Tokin agreed to pay, respectively, CAD $5,950,000.00 and CAD $2,900,000.00 for the benefit of Electrolytic Settlement Class Members, and to provide meaningful early cooperation to the plaintiffs. The Panasonic and Tokin settlement money is being held in an interest-bearing trust account for the benefit of Electrolytic Settlement Class Members.
In Québec, on March 22, 2019, the Superior Court has authorized the electrolytic Class Action, which is now allowed to proceed towards the trial. In Ontario and British Columbia, the electrolytic and film Class Actions are continuing towards the certification stage.
HOW DOES THIS RELATE TO THE “FILM” CAPACITOR CLASS ACTIONS WHICH ARE UNDERWAY ACROSS CANADA?
The lawyers representing Electrolytic Settlement Class Members in the Electrolytic Capacitor Class Actions also represent Film Settlement Class Members in the Film Capacitor Class Actions underway across Canada.
Electrolytic and film capacitors are used to store energy in electric circuits. They are used in similar types of electronic products, but are made from different materials, and in some cases by different manufacturers.
If you are a purchaser of electronic products, you may be a class member in both actions, and should inform yourself of important updates in both cases. Please click here for more information on the Film Capacitors Class Actions.