Tim Hortons emailed customers of its mobile app on Friday to inform them of a proposed settlement, regarding a class action lawsuit involving the coffee chain’s collection of geolocation data in its app from April 2019 to September 2020.
“You are receiving this email in connection with a proposed settlement, subject to Court approval, of a national class action lawsuit involving the Tim Hortons app and the collection of geolocation data between April 1, 2019 and September 30, 2020,” reads the email received by iPhone in Canada.
“As part of the proposed settlement agreement, eligible app users will receive a free hot beverage and a free baked good. Distribution details will be provided following approval, in the event that the court approves the settlement,” explains Tim Hortons.
Tim Hortons says if the settlement is approved, it will put an end to the class action lawsuit between Mr. Holcman and the coffee chain in the Superior Court of Quebec. The settlement is “without any admission of liability, for the purpose of avoiding a trial and the additional costs and expenses related thereto,” says Tim Hortons.
The payout will result in one credit for a free hot beverage ($6.19 CAD value) and one free baked good ($2.39 CAD value) from any Tim Hortons store in Canada, through a one-time use credit coupon or within the mobile app.
The settlement means Tim Hortons will also “permanently delete any geolocation information about group members that may be in their possession and shall instruct its third-party vendor, Radar Labs, Inc. to do the same.”
A hearing set for September 6, 2022, at 9:00 a.m in Montreal will determine if the settlement is approved or not.
Other class action lawsuits against Tim Hortons and its mobile app are still ongoing in B.C., Ontario and Quebec.
The Office of the Privacy Commissioner of Canada last month released the findings of a joint probe by federal and provincial privacy commissioners into the user tracking and data collection practices of Tim Hortons’ mobile app, saying, “People who downloaded the Tim Hortons app had their movements tracked and recorded every few minutes of every day, even when their app was not open, in violation of Canadian privacy laws.”
