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.Top
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”).Top
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.Top
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.Top
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.Top
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 email@example.com.Top
Claim forms and supporting documents must be submitted no later than January 4, 2019.Top
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 firstname.lastname@example.org. You may also contact Class Counsel using the contact information below.Top
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:
KIM SPENCER McPHEE BARRISTERS P.C.
79 Wellington Street West
TD Tower South
Toronto, ON M5K 1H1
Tel: (416) 349-6576
Fax: (416) 868-0601