Class Members were sent a Gift Card by email in February 2024 representing 50% of the price paid for the extended warranty.

Case name
Bitton v. Home Depot

Quebec Superior Court file #
500-06-001195-227 (Montreal)

SUMMARY OF THE PROPOSED CLASS ACTION

On July 26, 2022, a class action was commenced in Quebec against Home Depot of Canada Inc. (“Home Depot”) and other defendants alleging, among other things that Home Depot sold extended warranties on goods without informing consumers of Quebec’s legal warranty (the “Class Action”). The class is defined as follows:

All consumers in Quebec who, from February 7, 2019 to September 30, 2022, purchased an extended warranty on goods from the Home Depot mobile application(s) and/or website(s).

(“Class” or “Class Members”)

PROPOSED SETTLEMENT

The proposed settlement, if approved by the Superior Court of Quebec, requires Home Depot to compensate affected Class Members. The settlement is not an admission of liability, wrongdoing or fault.

If the proposed settlement is approved, Home Depot will offer Direct Credit Reimbursements in the form of digital gift cards, representing 50% of the price paid for the extended warranty (also known as the Home Depot Protection Plan (“HDPP”)), excluding taxes, to each Class Member in a total amount not to exceed $370,437.50. These digital gift cards will be transferable and will not expire.

In addition to these amounts, Home Depot would pay up to $126,062.50 in Class Counsel fees and $3,500 in disbursements (plus GST & QST) to Class Counsel. Class Counsel fees and disbursements are paid on top and separately from the compensation to Class Members.

For full details and conditions, please consult the Long Form Notice, available here.

SETTLEMENT APPROVAL HEARING

A hearing before the Superior Court of Quebec will be held on December 6, 2023, at 9:30 a.m., at the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec, in room 16.03, or via a TEAMS link. This date may be subject to adjournment by the Court without further publication notice to the Class Members, other than such notice which will be posted on Class Counsel’s website www.lpclex.com/extendedwarranties or on this website.

HOW TO EXCLUDE YOURSELF?

If you wish to remain a class member, you have nothing to do and nothing to pay.

If you wish to opt-out, you have until December 5, 2023, to Class Counsel in writing at jzukran@lpclex.com that you wish to opt out. Please make sure to mention file no. 500-06-001195-227 in your correspondence. For the requirements to validly opt out, see the Long Form Notice available here.

HOW TO OBJECT?

If you wish, you have the right to comment on or object to the settlement by December 5, 2023. For more details and requirements, please see the Court-approved Long Form Notice available here.

Class Members who do not oppose the proposed Settlement Agreement have nothing to pay and do not need to appear at any hearing or take any other action to indicate their desire to support the proposed Settlement Agreement.

If the settlement is approved, another notice to Class Members will be sent explaining the method of distributing the Direct Credit Reimbursements.

MORE INFORMATION

For more information about the proposed settlement or to read the Long Form Notice, the Settlement Agreement and/or the other relevant judgments or proceedings, visit the documents section or contact the Settlement Administrator:

Velvet Payments Inc.
5900 Andover Avenue, Suite 1
Montreal, Quebec, H4T 1H5
Phone: 1-888-770-6892
Email: extendedwarranty@velvetpayments.com

The attorneys representing the Class (“Class Counsel”) are the firm of LPC Avocats (c/o Mtre. Joey Zukran), which can be contacted at jzukran@lpclex.com.

Important Dates


February 2024
Gift cards sent to Class Members
December 15, 2023
Judgment approving the Settlement
December 6, 2023, at 9:30 a.m.
Approval Hearing
TEAMS Link
December 5, 2023
Opt Out Deadline
Objection Deadline

Class Counsel


Mtre Joey Zukran
LPC Avocats
276 Saint-Jacques Street, Suite 801
Montréal, Québec, H2Y 1N3
Tel: 514-379-1572
Fax: 514-221-4441
Email:jzukran@lpclex.com

Claims Administrator


Velvet Payments Inc.
5900 Andover Avenue, Suite 1
Montreal (Québec) H4T 1H5
Tel: 1-888-770-6892 (toll free)
Fax: 1-800-934-3320 (toll free)
Email: extendedwarranty@velvetpayments.com

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