This is a certified national class proceeding (excluding Quebec) in relation to allegations that Qualcomm Incorporated, Qualcomm Technologies, Inc., Qualcomm CDMA Technologies Asia Pacific PTE Limited, and Qualcomm Canada, Incorporated engaged in a civil conspiracy, engaged in anti-competitive practices, committed the unlawful means tort, and were unjustly enriched in respect of certain cellular technology and modem chips which allow cellular devices such as smartphones and tablets to connect to the Internet.
The Class Members are defined as all persons in Canada, excluding Quebec, that purchased and/or paid for some or all of the purchase price of a Cellular Device* during the Class Period, including through a contract for wireless services for at least a portion of the Class Period** that included the purchase or provision of a Cellular Device, where that Cellular Device contained modem chips manufactured but the defendants or for which royalties were paid to the defendants.
* Cellular Devices are defined as cellular phone and cellular-enabled computer tablets that contain a Modem Chip***.
** Class Period is defined as January 1, 2007 to September 25, 2023.
*** A Modem Chip is defined as a semi-conductor device with 2G CDMA, 3G CDMA, UMTS/ WCDMA, or a premium-LTE capabilities or a combination thereof that enables a Cellular Device to transmit voice and data across wireless networks.
This is an authorized Quebec class action in relation to allegations that Qualcomm Incorporated, among other things, violated the Civil Code of Quebec.
The Quebec Class comprises of all persons in Quebec who purchased a cellular device (such as a cell phone or tablet) since December 11, 2014, not for commercial resale, and whose processor was manufactured by Qualcomm Incorporated or for which royalties were paid to Qualcomm Incorporated.
On September 25, 2023 Justice Brundrett of the BC Supreme Court issued reasons for judgment certifying the action as a class proceeding and dismissing the defendants’ application for summary judgment and dismissal of the action. The defendants are appealing the decision.
If you think you may be a class member and have questions or wish to receive further updates, please contact us via email at [email protected] or call CFM Lawyers at 604-689-7555.
On April 30, 2019, Justice Corriveau of the Quebec Superior Court issued judgment authorizing the class action.