Notice of Settlement Approval
If You Purchased a New Suunto Dive Computer, You Could Get Benefits from a Class Action Settlement
Ontario Superior Court of Justice File Number CV19-80810CP
This notice is directed at Settlement Class Members in a class action related to Suunto Dive Computer models manufactured since January 1, 2006 and purchased in Canada: Cobra, Cobra 2, Cobra 3, Cobra 3 Black, Vyper, Vyper Novo, Vyper 2, Vyper Air, HelO2, Gekko, Vytec, Vytec DS, Zoop, Zoop Novo, Mosquito, D4, D6, D9, D4i, D6i, D4i Novo, D6i Novo, D9tx, and DX.
A hearing to approve the Settlement took place on October 26, 2022. The Settlement Agreement was approved by the Ontario Superior Court of Justice and is now effective. The claims process outlined in the Settlement Agreement has commenced. The Long Form Class Notice describes who is eligible to claim Settlement Benefits, the amount of the benefits and how to make a claim. The deadline for submitting Claim Forms in accordance with the Settlement Agreement is February 28, 2023.
Questions related to the Settlement or the claims process should be directed to the Settlement Administrator.
What is the lawsuit about?
The lawsuit alleges that certain Suunto Dive Computers have a defective depth pressure sensor, resulting in inaccurate depth and water temperature readings. The Defendant denies these allegations.
The Court did not decide which side was right. Instead, the parties decided to settle.
Am I Included in the proposed settlement?
Subject to certain limited exclusions, you are included if you are a resident in Canada who purchased a new Suunto Dive Computer that was manufactured since January 1, 2006.
The Suunto Dive Computers are Cobra, Cobra 2, Cobra 3, Cobra 3 Black, Vyper, Vyper Novo, Vyper 2, Vyper Air, HelO2, Gekko, Vytec, Vytec DS, Zoop, Zoop Novo, Mosquito, D4, D6, D9, D4i, D6i, D4i Novo, D6i Novo, D9tx, and DX.
This settlement does not involve claims of personal injury or wrongful death, retailers or other individuals who purchased a Dive Computer for resale, or individuals who purchased used Dive Computers.
What does the settlement provide?
Under the settlement, every Class Member who believes their dive computer has a pressure sensor failure is entitled to have sensor his or her Dive Computer inspected to determine whether the Dive Computer’s depth pressure failed. If the pressure sensor has failed, Suunto will repair your Dive Computer or provide a free replacement. Class Members can take advantage of the Inspection, Repair, or Replacement program for the longer of eight (8) years from the date of manufacture of the Dive Computer or three (3) years from the date the settlement is finally approved and all appeals, if any, are resolved in favor of the settlement.
The settlement also reimburses qualifying Class Members for certain out-of-pocket costs. To be eligible for reimbursement, you must submit a claim form by February 28, 2023. A Reimbursement Claim Form can be obtained by going to www.suuntodivecomputersettlement.ca.
PADI eLearning certification or online training classes may become available under the terms of the settlement. To participate, you can register by going to www.suuntodivecomputersettlement.ca
What are my options?
Stay in the Class and receive settlement benefits. You can have your Dive Computer inspected or seek reimbursement for certain costs pursuant to the terms of the Settlement Agreement. The deadline to submit a Reimbursement Claim Form is February 28, 2023.
If you do nothing, you will remain in the class and receive the benefits of the settlement but will not be able to sue Suunto about the issues in the lawsuit.
The full notice describes how to obtain settlement relief, exclude yourself, and object.
The Court will hold a settlement approval hearing on October 26, 2022 at 10:00 A.M. by Zoom in Virtual Court Room 217 to (a) consider whether the proposed settlement is fair and reasonable and (b) decide the plaintiffs’ lawyers’ request for fees and costs of USD $400,000 and an award for the Class Representative. You may appear at the hearing, but you are not required to, and you may hire an attorney to appear for you, at your own expense.
