Suunto Dive Computer Defect Canadian Class Action

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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.

For more information, please go to the Settlement Website at: www.suuntodivecomputersettlement.ca.

suuntodivecomputersettlement.ca

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If You Purchased a New Suunto Dive Computer, You Could Get Benefits from a Class Action Settlement

There is a proposed settlement in a class action lawsuit against Suunto Oy (“Suunto”) concerning certain Suunto Dive Computers. Those included in the settlement have legal rights and options that must be exercised by certain deadlines.

SUBMIT YOUR CLAIM

Click on the following link to file your claim:
suuntodivecomputersettlement.ca

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. Go to www.suuntodivecomputersettlement.ca or www.suunto.com for more information on how to submit your Dive Computer for inspection.

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.

You can exclude yourself by September 9, 2022, if you don’t want to be part of the settlement. You won’t get any settlement benefits, but you keep the right to sue Suunto about the issues in the lawsuit.

You can object to all or part of the settlement by September 9, 2022, if you don’t exclude yourself.

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.

For more information or a claim form call 1-866-413-7212 or go to www.suuntodivecomputersettlement.ca.

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CONSUMER LAW GROUP has launched a Canada-wide class action lawsuit against Suunto Oy for its Suunto dive computers that were manufactured from January 1, 2006 through August 10, 2018: 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 (the “Suunto Dive Computers”).

The Suunto Dive Computers have faulty depth pressure sensors, which can be life-threatening. When scuba diving, it is critical to know how deep you are, how long you have been diving for, the air pressure in the tank, and how much air you have left. Without this knowledge, there is a risk that a diver will ascend too quickly and, as a result, get “the bends”: nitrogen absorbed in body tissue forms bubbles and can cause everything from headaches and joint pain to paralysis and, in extreme cases, death. As a result, all serious divers buy a diving computer. They cost several hundred dollars, are about the size of your palm, and provide constantly updated figures for critical diving measurements. They are a life-or-death piece of kit.

It is even feared a diver, Pamela Seigman, 55, died in 2010 due to a malfunctioning Cobra 2 Suunto computer.

Suunto knew of serious defects in the computers, but failed to issue any recalls and continued to sell the products. Suunto had received reports of permanent malfunctions in the equipment and it knew that it should have stopped selling and "repairing” the gear - it was clear something was wrong.

As a result of this misconduct, consumers were harmed and suffered actual damages; they did not receive the benefit of their bargain, and instead purchased and/or used Suunto Dive Computers with a dangerous design defect and unknowingly exposed themselves to life-threatening risks.

If you or someone you know has owned and/or used a Suunto Dive Computer and you wish to obtain more information on potential compensation or to be kept advised of the status of the Suunto Dive Computer Class Action litigation or any resulting compensation resulting from the National Class Action Lawsuit in Canada, Quebec or Ontario, please provide your contact information to our law firm using the below form.

IF YOU WISH TO JOIN THE CLASS ACTION OR TO SIMPLY GET MORE INFORMATION, PLEASE COMPLETE THE FORM BELOW. Please note that providing your information creates no financial obligation for you. You are not charged any fee or cost for joining this class action. Our law firm is paid a contingency fee from the compensation recovered, only if the class action is successful. All information contained in this transmission is confidential and Consumer Law Group agrees to protect this information against unauthorized use, publication or disclosure.