Client: ZUCKERMAN V. MGM RESORTS INTERNATIONAL
Date: June 2020
On August 3, 2022, the Superior Court of Quebec authorized a class action (file number 500-06-001078-209) against MGM Resorts International (“MGM”) regarding a data breach which occurred on or about July 7, 2019 (the “Data Breach”). The class action seeks to obtain compensatory and/or moral damages allegedly resulting from the Data Breach, as well as punitive damages.
Plaintiff Mr. Zuckerman was ascribed the status of representative to act on behalf of the Class Members.
The authorization judgment is a preliminary step that allows the class action to begin. This judgment did not determine any liability at this stage. The Plaintiff maintains that his class action against MGM is well founded both in fact and in law. MGM intends to vigorously contest the merits of this class action and will present its defense at trial.
You are affected by the class action if you (including your estate, executors or personal representatives) are or were in Quebec and your personal and/or financial information was lost by and/or stolen from MGM as a result of the Data Breach that occurred on or about July 7, 2019. You may have previously received an email notice from MGM regarding this Data Breach.
As a class member, you do not have to pay for the attorneys’ fees and disbursements which will be paid from the damages that may be awarded through the class action, if applicable. The Court will be asked to decide the reasonableness of the class counsel legal fees. The Court may decide that such fees and costs will be deducted from the amounts owed to the class, if any.
In the context of the legal proceedings in this case, which will occur in the District of Montreal, the Plaintiff asks the Court to determine whether MGM committed certain faults in relation to the Data Breach with regard to the protection of Class Members’ personal and or financial information and if MGM committed faults after learning of the Data Breach. The Court will also have to determine if MGM is liable to pay compensatory and/or moral damages, as well as punitive damages to the Class Members and if so in what amounts.
A Class Member has the right to intervene in the present class action (but no obligation to do so).
A Class Member who wishes to exclude themselves (opt out) from the class action and avoid being bound by the judgment which will be rendered must send a notice no later than July 24, 2023, in writing to the clerk of the Superior Court of Quebec in Montreal (with a copy to firstname.lastname@example.org). The full procedure for opting out is explained in the Detailed version of the present notice. The Opt Out Form is available here: https://www.lexgroup.ca/wp-content/uploads/Opt-Out-Form_EN.pdf.
Please read carefully the Detailed Notice of Authorization of a Class Action available here: https://www.lexgroup.ca/wp-content/uploads/Long-Form-Notice_EN-1.pdf.
Please visit the webpage dedicated to this class action on the class counsel’s website: https://www.lexgroup.ca/classaction/mgm-resorts-international-data-breach-quebec-class-action/ or contact the class counsel at the following coordinates (your name and any information provided will be kept confidential):
Lex Group Inc.
Mtre David Assor
4101 Sherbrooke Street West
Westmount, QC, H3Z 1A7
Phone: (514) 451-5500
Fax: (514) 940-1605
Please consult the Lex Group website for the Long Form version of the present Notice, including the full text of the principal issues / questions that the Court will be asked to deal with collectively and the list of orders that the Plaintiff is asking the Court to issue once it has decided these questions: www.lexgroup.ca
For assistance, you may contact the Claims Administrator or class counsel:
|2023 06 01 Opt Out Form
|2023 06 01 Short Form Notice Authorization
|2022 10 27 Originating Class Action Application
|2023 05 25 Judgment approving the authorization notices and notice plan
|2023 06 01 Long Form Notice Authorization
|2022 08 03 Authorization Judgment
|2020 06 15 Application for Authorization
|2021 11 21 Amended Application for Authorization