Official Settlement Information Website
Did you purchase film capacitors or products containing film capacitors, such as a smartphone or a television, between January 1, 2002 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 FILM CAPACITORS, OR PRODUCTS CONTAINING FILM CAPACITORS, PURCHASED DURING THAT TIME (the “Film Capacitor Class Actions”).
AM I A CLASS MEMBER?
If you are a Canadian resident and purchased film capacitors or products containing film capacitors during the Class Period, you are a settlement class member (“Film Settlement Class Member”) in the Ontario Film Capacitor Class Action.
Settlement agreements have been reached with: Nippon Chemi-Con and United Chemi-Con, Inc. (collectively “NCC/UCC”); KEMET Corporation and KEMET Electronics Corporation (collectively “KEMET”); Nichicon Corporation and Nichicon (America) Corporation (collectively “Nichicon”) and ROHM Co., Ltd. and ROHM Semiconductor U.S.A., LLC (f/k/a ROHM Electronics U.S.A., LLC) (collectively “ROHM”).
NCC/UCC, KEMET and Nichicon have respectively agreed to pay CAD $400,000, CAD $325,000 and CAD $350,000 totaling CAD $1,075,000 for the benefit of Film Capacitors Class Members. ROHM asserts and the plaintiffs have accepted that they did not manufacture or sell any film capacitors during the Film Class Period. As a result, the Film Capacitors Class Action will be dismissed as against ROHM.
NCC/UCC, ROHM, KEMET, Nichicon, and another defendant named Fujitsu, have further respectively agreed to pay CAD $20,900,000, $450,000, CAD $6,200,000, CAD $14,150,000, and CAD $465,000 totaling CAD $42,165,000 for the benefit of class members in a separate electrolytic capacitors class action (“Electrolytic Settlement Class Members” and “Electrolytic Capacitors Class Action”).
In addition, NCC/UCC, KEMET and Nichicon have agreed to provide cooperation to the plaintiffs in pursuing their claims against the non-settling defendants. In exchange, they 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 settlements are fair, reasonable and in the best interest of Film Settlement Class Members.
Separate motions to approve the settlements are scheduled to be heard at:
● the Ontario Superior Court of Justice on September 28, 2023 at 2:00 pm (ROHM, KEMET and Nichicon settlements) and October 23, 2023 at 9:30 am (NCC/UCC settlement) virtually via videoconference.
If you think you are a Film Settlement Class Member and want to participate in the settlement approval hearing(s), 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 do anything else at this time.
If you wish to comment on or object to the settlements, you must deliver a written submission to one of the lawyers listed here by September 22, 2023 at the latest for the ROHM, KEMET and Nichicon settlements and October 22, 2023 at the latest for the NCC/UCC settlement.
STATUS OF THE CLASS ACTIONS
Prior settlements were reached with the following defendants:
● Panasonic Corporation, Panasonic Corporation of North America, Panasonic Canada Inc., and Sanyo Electric Co., Ltd. (collectively, “Panasonic”);
● Nitsuko Electronics Corporation (“Nitsuko”);
● Okaya Electric Industries Co., Ltd., and Okaya Electric America, Inc. (collectively, “Okaya”);
● 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”).
Panasonic, Nitsuko, Okaya, ELNA and Holy Stone agreed to pay, respectively, CAD $1,350,000.00, USD $190,000.00, CAD $460,000.00, CAD $25,000.00 and CAD $10,000.00 for the benefits of Film Settlement Class Members, and to provide cooperation to the plaintiffs. The Panasonic, Okaya, Nitsuko, ELNA and Holy Stone settlement money is being held in an interest-bearing trust account for the benefit of Film Settlement Class Members.
HOW DOES THIS RELATE TO THE “ELECTROLYTIC” CAPACITOR CLASS ACTIONS WHICH ARE UNDERWAY ACROSS CANADA?
The lawyers representing Film Settlement Class Members in the Film Capacitor Class Actions also represent Electrolytic Settlement Class Members in Electrolytic Capacitors 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 Electrolytic Capacitors Class Actions.