Kaba Ilco National Settlement

Frequently Asked Questions

  1. What is this lawsuit about?
  2. How do I know if I am a Class Member?
  3. What are the Settlement Benefits?
  4. How do I receive a share of the settlement benefits?
  5. What if I am a reseller of the affected locks?
  6. What information do I need to provide with my claim?
  7. How do I know my on-line claim was successfully submitted?
  8. When do I need to file a claim?
  9. What if I still have questions?
  10. Who are the lawyers representing the class?
  1. What is this lawsuit about?

    A settlement has now been approved in a class action lawsuit filed in the Ontario Superior Court of Justice with respect to certain models of Simplex® or Unican™ mechanical pushbutton locks. The Plaintiffs claimed that the Simplex® or Unican™ locks were improperly designed and marketed. The Defendants have denied all claims and continue to deny the Plaintiff’s allegations and maintain that the Defendants have not engaged in any wrongful acts. The Settlement is not an admission of wrongdoing or an indication that any law was violated. The Defendants have nevertheless concluded that it is in their best interests that this lawsuit be resolved subject to and on the terms and conditions set forth herein.

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  2. How do I know if I am a Class Member?

    You are a class member if you are a resident of Canada, other than a resident of Québec, who uses or owns a Simplex® or Unican™ Model/Series 1000, L1000, 2000, 3000, 6200, 7000, 7100, 8000 or File Guard mechanical pushbutton lock manufactured before January 1, 2011 (“End Users”) or who purchased such a lock for re-sale (“Locksmiths”).

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  3. What are the Settlement Benefits?

    A)     Qualifying End-Users of Simplex® or Unican™ mechanical pushbutton lock models listed above whose claims are approved are eligible to receive one or more of the following, depending upon a variety of different criteria: a free do-it-yourself (“DIY”) Upgrade Kit that addresses the design elements at issue in the lawsuit; a free do-it-yourself (“DIY”) Shield that addresses the design elements at issue in the lawsuit, or reduced-cost or free professional installation of the Upgrade Kit. 

    B)     Qualifying Locksmiths with inventory of unused, resalable Simplex® or Unican™ mechanical pushbutton lock models listed above, which the Defendants did not already upgrade are eligible to exchange that inventory for new inventory that has been upgraded to address the design elements at issue in the lawsuit. Inventory of the listed models which has already been upgraded bears a yellow “Check Contents If Seal is Broken” tamper seal on the box flap. 

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  4. How do I receive a share of the settlement benefits?

    To receive Settlement Benefits, qualifying Class Members must submit a Claim Form to the Claims Administrator through the Settlement Website or by mail by no later than January 4, 2019.

    We strongly encourage class members to use the online claim form. Class members are entitled to file paper claims. The Claim Form is available on the Settlement Website here or you can obtain one by contacting the Claims Administrator at 1-888-693-6115.

    If you are submitting a paper claim for more than five locks, please fill out the “Attachment to Simplex Class Action Settlement Claim Form”.  For both on-line and paper claims you are required to attach a dated proof of purchase for each of the affected locks.

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  5. What if I am a reseller of the affected locks?

    If you purchased the affected locks for re-sale, you are a “Locksmith” under the Settlement Agreement. 

    Members of the Locksmith Settlement Class Members who want to exchange unsold inventory do not have to complete a claim form; they simply have to contact the Defendants at 1-855-621-5879 or by writing to 2941 Indiana Avenue, Winston Salem, North Carolina 27105, to obtain a Return Goods Authorization form.

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  6. What information do I need to provide with my claim?

    All Class Members are entitled to receive one DIY Upgrade Kit for each corresponding affected lock in their possession without proof of purchase for up to five DIY Upgrade Kits.

    If you are submitting a paper claim for more than five locks, please fill out the “Attachment to Simplex Class Action Settlement Claim Form”.  For both on-line and paper claims you are required to attach a dated proof of purchase for each of the affected locks.

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  7. How do I know my on-line claim was successfully submitted?

    Immediately following submission of your online claim, a page will display "Your claim has been submitted. Your Claim ID is: KRQ-########-#"

    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, contact us at 1-888-693-6115 (toll-free) or email us at info@simplexlocks.ca.

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  8. When do I need to file a claim?

    Claim forms and supporting documents must be submitted no later than January 4, 2019.

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  9. What if I still have questions?

    Contact the Claims Administrator, who manages the claims process, anytime. We are pleased to help answer your questions. Call us at 1-888-693-6115 or email us at info@simplexlockcase.ca. You may also contact Class Counsel using the contact information below. 

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  10. Who are the lawyers representing the class?

    The lawyers representing this case (“Class Counsel”) for all Class Members in Canada, other than residents of Québec, are Kim Spencer McPhee Barristers P.C., located in Toronto:

    Aris Gyamfi

    KIM SPENCER McPHEE BARRISTERS P.C.

    79 Wellington Street West

    TD Tower South

    Suite 2100

    Toronto, ON M5K 1H1

    Tel:        (416) 349-6576

    Fax:        (416) 868-0601

    Email:    ag@complexlaw.ca

    Web:     www.complexlaw.ca

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