'Smart' keys: Quebecer seeks class-action lawsuit, saying cars are too easy to steal

A Quebec man is seeking permission to file a class-action lawsuit against several car companies, claiming they are to blame for vehicle thefts due to security failures with their key fobs.

Retired Quebec City engineer Andre Lacroix was visiting his daughter in Boucherville four years ago when his Toyota Highlander was stolen overnight while it was parked outside her home.

CTV News spoke with Lacroix's lawyer Jean Rheaume about security vulnerabilities of electronic keys in modern cars.

The interview below has been edited for length and clarity. Watch the full interview in the video above.

CTV: They're called key fobs, those electronic keys driven by so-called smart technology. But you're arguing that maybe the technology is a little too smart, perhaps allowing people to steal cars more easily? Tell us more.

JEAN RHEAUME: Basically, as soon as they're close enough to the car, the key gives the signal that this is the owner and then the door unlocks. And then, once the door is unlocked, the person can get in, and start the engine without a key because you just have to push a button.

So the problem is those keys have a signal that can be captured by the thieves. They have equipment that allows them to capture the signal, and relay it to an accomplice who is close to the car. And then, once the signal is transmitted, it takes seconds to take the car. I've seen a video where it can be done in 30 seconds.

The car owner goes into a shop, and one of the thieves is behind them with the equipment to take the signal from the keys in the driver's pocket, and then the accomplice is beside the car, receives the signal, opens the car and goes.

CTV: You're saying that this can happen really quickly. What do you believe should be done to make the keys more secure?

JEAN RHEAUME: Well, of course, each company has a different system… basically, there is a solution for most of the cars, but it has not been implemented.
 

• READ MORE: Protecting your car from the growing risk of keyless vehicle thefts 

CTV: Many people are affected by this proposed class action, how many people would be covered here?

JEAN RHEAUME: All the people in Quebec who have had their car stolen, when their car is equipped with an electronic key fob within the last three years. Because this is a restriction that is imposed by the law: we cannot go more than three years back from when we filed the request for authorization of the action.

CTV: What kind of compensation are you seeking for your client and other victims of theft?

JEAN RHEAUME: We're asking for what we call compensatory damages, basically the expenses for losses they incurred because of the vehicle theft. For example, the insurance deductible, and all the inconveniences related to the theft: people have to rent a car for a while, or they are deprived of a car for a while, an increase in insurance premium.

And then when they buy a new car, they have to put measures in place to prevent a second theft. So this is also expensive.

But we are also asking for punitive damages, because we want the car manufacturers to resolve the issue. This amount would be agreed by the judge and managed by a not-for-profit corporation, that takes care of consumer interests. So there are two kinds of damages, compensatory and punitive.

CTV: Thank you for explaining this to us today. We appreciate it.

JEAN RHEAUME: My pleasure. Thank you.