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TELUS goes after Mobilicity in court, says their ads are “false and misleading”


TELUS, Canada’s third largest wireless carrier, has asked the Supreme Court of British Columbia to step in and immediately stop Mobilicity from running their latest ad (TV, radio, print, online). The ad in question apparently takes direct aim at their competitors unlimited offerings, not specifically noting TELUS, and that “what you see isn’t always what you get.” TELUS says this is against the Competition Act and is “false and misleading,” plus damaging to their brand.

According to the court filing (December 7th), TELUS notes that “December is near the end of the fiscal year for many wireless service providers, including Telus, meaning that year-end filings and share value are affected by performance during this time. Accordingly, advertising related to wireless communication services is extremely important during December for the wireless telecommunications industry in Canada.”

In response to this news, Stewart Lyons, Mobilicity President and CEO, said “Telus is trying to get us to pull our ads. They are trying to intimidate us. They are using high-priced lawyers to compete when they don’t feel like competing out on the street.”

Mobilicity is offering an unlimited talk, text and data (throttled and watched under a fair use policy) on sale now for $27.50/month. If you want to have premium data it’ll cost you an extra $20/month and allows for the “fastest data speeds.” TELUS, similar to Bell and Rogers, released a plan that included unlimited talk, text and 5GB data, Caller ID, VM, Call Waiting & Conference Calling, plus they also axed the activation fee (price is $100/month).

TELUS currently has over 7.5 million wireless customers (Q3 2012 numbers). As for Mobilicity, they are a private company and have not made their subscriber numbers known.

Source: Globe

  • Taras

    So first TELUS partnered with Public to go after Wind, and now they are picking on Mobilicity?

    With each day that passes by I am so glad that I have said BYE-BYE to Robelus almost 3 years ago.

    F*CK THEM!

    • 8-down

      Telus, the new Apple wanna-be.
      suing wind, moblicity, rogers, and more to come.
      I like fido, kudos and virgin. Their penny game is awesome.
      But at the end im a wind customer.

    • CRTC

      VERDICT: BETTER PAY UP TO TELUS MOBILICITY SO WE GET OUR CUT

    • EvanK

      @8-down

      I don’t know if you’re trolling or not, but you do know that Koodo is TELUS owned, right?

    • Stay Away from Mobilicity!

      Go to WIND instead!

      This lawsuit is just one other thing that Mobilicity doesn’t need. They are BANKRUPT, subscriber numbers are below 200,000, they have a very, very low average revenue per user.

      Mobilicity, you are absolutely one of the WORST of the new entrants. Public Mobile is already better than you.

      Get out on the curb with the rest of the garbage. Robelus will EAT Mobilicity big time. It’s not even going to be a meal, more like a tic tac!

    • cheenachatze

      Was someone at Telus high when they did this? “Telus alleges that Mobilicity claims to offer wireless services with “no contracts” even though its services are governed by service terms and conditions.” Everyone knows that Mobilicity refers to Term Contract. Is Telus just trying to sue Mobilicity to make them go bankrupt? That’s really sad for us, Canadian consumers.

    • Mobilicity is BANKRUPT

      But Mobilicity is Bankrupt. They won’t have any money to fight this, let alone expand their network and stop throttling the very customers that feed them.

      Does anybody want to start a lawsuit fund to help Mobilicity out? We can have it set exclusively for the lawsuit, so that they don’t lie and take our money to pay for their liabilities.

      I don’t think anyone will really care about this. Maybe make a few comments on forums and be happy they contributed.

      I just hope they get bought out by Bell has noted below.

  • EmperumanV

    Pfft they are threatened that’s why…

    • Mobilicity is BANKRUPT

      remember, Mobilicity throttles their network speed, and wants you to pay an additional $20….so that they can again throttle your speed.

      Might as well spend that extra $20 and go to another network, because you’re already at the $50 a month expense.

  • skullan

    And in other news, the Giant is trying to rapidly step on Jack for daring to want a piece of the golden egg.

  • HO

    …Oh Telus, couldn’t stop Wind and now they want to screw Mobilicity…

  • Cody

    If TELUS responded with a $27.50 unlimited plan I would be glad to get throttled after 3GB!

  • LazerAndroid

    Nobody can touch Mobilicity! They are like a rock! For 2 years now, they have been offering unbeatable value to Canadians. Bottom line – there isn’t a single offering that is better than what Mobilicity has going on right now.

    I am so happy to be their LOYAL customer over the years, and I will be with them until my last breath. I think it’s called love!

    One last thing, before I go. That Panache that I begged you for, is it already in the mail? Will I finally have the best Christmas ever? Please, please, please, please, please, please!!

    Please!

  • David

    I’d be more than willing to donate some money to Mobilicity to hire a good lawyer.

  • John

    Good for Telus, Mobilicity is lying on there unlimited data.

    • EvanKr

      If every telecom that wasn’t totally true about “unlimited” features was sued, they’d all be out of business!

    • Stay Away from Mobilicity!

      AGREED, Mobilicity’s UNLIMITED DATA is not unlimited at all. It’s unlimited but at a really, really slow speed because their network can’t handle more than a few customers per tower.

      MOBilicity blew it when they didn’t expand their network and just spread lies, lies, lies, about their true intentions.

      I hope Mobilicity dies, dies, dies!

  • Matthew Turner

    Telus should be renamed to Jealous.

  • Roger DeBuar

    TELUS Mobility definitely has a case here. Mobilicity is using misrepresentation, false advertising, and unfounded, accusatory claims, that are harmful to TELUS Mobility brand.

    I think that TELUS Mobility is fully justified in defending honest advertising here in Canada not just for itself, but for all Canadians.

    I fully support TELUS Mobility!

    • mehmeh

      Nice try TELUS lawyer.

    • jonny

      Its so easy to spot a plant. A real person calls telus “telus” or “Telus”.

      Someone who works for telus calls them “TELUS Mobility”.

    • cody

      I agree with the lawyer, BUT it wouldn’t kill anybody to give us plans at reasonable prices.

  • thisguy

    Proof the big 3 are lying whenever they say the new providers aren’t real competition. So sad but not at all surprisingly they have to revert to bullying tactics. I hope the judge tells Telus to stfu and gtfo.

  • Geoff

    If this is the ad that I think it is I actually agree with telus. Mobilicity talks about how unfair it is to sign a contract to get a free phone, as if the phone is actually free in the first place.

    I don’t like the big 3, but that doesn’t mean I’m happy listening to someone obviously trying to trick stupid people.

    • Dan Brook

      I agree with Geoff. Companies like WindMobile who inflate their handset prices and entice customers to go on Windtab’s are not any better.

  • joe

    Sounds like the end of mobilicity!
    I feel like a court battle is the last thing that it needs.
    They really need to merge with wind already before it is too late and a bunch of people wake up one day with no phone service.

    • Stay Away from Mobilicity!

      Mobilicity is going bankrupt. They have no money at all.

      It won’t be WIND who will buy Mobilicity. GUARANTEED it will be Bell Mobility.

      Bitove Sr is hooked up with the Cons Gov who got him his Order of Canada…and you know who owns CTV, the Cons!

      WIND shouldn’t buy Mobilicity. Only Mobilicity customers want a merge with WIND because they know they’re going to have to buy a new handset when Bell buys them. Mobilicity customers want it easy on themselves, they are cheap and lazy people, I guess.

  • RKR

    Mobilicity is misleading on their unlimited data, and are charging more for their faster network, this isn’t stated in the ads, you find out more about this by reading the details on their webpage. Beside the data plan, Telus is grasping for anything, and should note that their ads are misleading as well.
    Such a pointless case

  • aregularonhofo

    OMG, Boycott Mobilicity are the ones who started this, amazing Telus went for it…great news.

  • Pukka

    Perfectly fair for telus to go after mobilicity if the ads are misleading. I don’t see a problem with it. This is the cost of doing business in the wireless business.

  • alphagob

    Telus has awful service and gouges their customers at every opportunity.

  • erlo

    Telus has all the right in the world to go after Mobilishitty.

    They throttle the data after a certain amount yet still advertise “unlimited”. Its so slow at that point you might as well not have any data..

    To get 20GB’s of unthrottled data you pay a premium for it. Then it is throttled again.

    Advertising as “unlimited everything” is indeed, false advertising.

    • kerule

      Whether your throughput is throttled or not, at some point “unlimited” will always become a matter of how much data you CAN download in X period of time. I know I would prefer to keep checking my email and do basic browsing for free than pay any of the current (and equally unfair) overage charges… Nevermind the flex-rate plans that “flex” in 100% price increments!

    • Stay Away from Mobilicity!

      Don’t worry everyone. Mobilicity will pull their ads. Not because of the TELUS lawsuit, it’s just that they have no money left to pay for the advertising.

      Mobilicity is so poor, they will back off this lawsuit easily.

      I dare any Mobilicity customer to start a lawsuit fund. If you had the money, you certainly wouldn’t be with a slow and weak network like Mobilicity.

      Mobilicity customers are exactly like Mobilicity, cheap, hopeful, poor, and want the best but not pay for it.

  • n.

    And now false and misleading advertising becomes a problem…

  • nathan

    “TELUS, similar to Bell and Rogers, released a plan that included unlimited talk, text and 5GB data, Caller ID, VM, Call Waiting & Conference Calling, plus they also axed the activation fee (price is $100/month).”

    $100/mo now? also liked “similar to” instead of “in collusion with” lol

  • DrBadass

    So telus turn into apple? Figures.

  • android fan

    Its about time the big three get pushed by a smaller company now maybe the big three will drop prices

    • some guy

      There’s pushing and then there’s pushing with misleading info.
      Rogers is notorious for doing that, because they don’t care about the repercussions. Telus really only says unlimited when it’s unlimited.

      There’s nothing about how much of a price difference there is. Had Mobilicity stated that you can get unlimited voice and text for 1/4 the cost of Telus, then there would be no legal action.

      But hey, why think when we can b***h?

  • BBM Video

    Everybody LIES! Rogers Bell Telus Mobi Public and even Wind. Not one carrier has ever put out an ad that isn’t misleading or hiding something.

  • 2c

    every body lies because customers are so dumb to go for their own benefit. how can cellphone companies can charge tooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo much over 2 decades and still dumb customers are signing up 3 year contracts this makes me feel sick.

  • AWSGuy

    Telus’ complaint is that the ads state that other wireless companies limit the “unlimited” to evenings and weekends. That isnt true – if they say unlimited, its day or night unlimited (new big 3 plans, fido/virgin/koodo 50/56 plans). Its an easy fix, they dont have to take the ad offline, they just need to fix that part.

    Secondly, I believe that Mobi should make an ad showing what THEY OFFER and not discredit what OTHERS OFFER. They need to advertise long distance rates and the unlimited data and prices, and not trash talk others. You grow big by improving yourself, not trash talking others.

    Mobi is doing a good job so far, but their marketing team needs some training.

  • Jesse B

    As an employee for TELUS, I understand that disparaging a brand is treading a very thin line. At the same time, it’s stupid to go after a company when they simply call them “the competition” and seems rather cowardly….

  • Dan Brook

    It’s too bad they are targeting Mobilicity. When we travel to Ottawa we use our Mobilicity line and have absolutely excellent service. That being said, Telus is targeting their advertising and so service really has nothing to do with that. It will be interesting to see how this unfolds. It’s always a good idea to read about the legal developments before judgements are thrown about.. willy nilly.

  • Mojo

    Seems like Mobi is getting more and more customers by the day and telus can’thandle it. Obviously the consumers are voting with their vallets. In our family of 7, 4 of us are with mobi and the other 3 will join them as soon as their contracts are done.

  • Redge

    Mobilshotty service is a third rate budget wireless company. Companies like Bell and Telus have paved the way for great coverage and speed for data. These little companies are a joke and shouldn’t be offering service… Heres to hoping Telus or Bell buys them and shut these weiners down…

    • john

      Don’t forget that the big 3 had their spectrum given to them for free years ago.

      And the new players had to pay for theirs.

      Its not a level playing field.

    • Mark

      Sure the big 3 had their spectrum given to them years ago for free, and they all spent the money on building national networks instead. When these upstart companies cant even be sold in all the stores in a city because their network doesnt cover the whole city it should give you an indication of what your paying for.

  • Soldier Blue

    CRY MORE TELUS. YOUR GREASY FATCAT TEARS WILL ROLL GENTLY OFF MY OLEOPHOBIC DISPLAY.

  • Blacklisted

    Has Mobilicity not found anyone to buy them yet? Shame that they’re still around.

    • Mobilicity is BANKRUPT

      Nobody wants to buy Mobilicity because the network lease they are paying for was locked in at the 2009 prices, before the recession.

      Look at all the cheap chinese crappy network gear that’s spreading like wildfire (that’s the appropriate term once that network gear literally goes on fire), and yet Mobilicity is signed into a contract with Siemens.

      Mobilicity can’t be bought because of those exclusivity leases! They also can’t afford to expand for the same reason!

      Stupid i****s.

  • john

    Wasn’t there a court case where Telus had to pay back all the “system access fees” that they swindled out of us?

  • aregularh0m0

    On a side note I think this AWS band should be renamed to “Absolutely Worst System” like someone on Hofo mentioned before. This band is for real suckers, it has **** phones, and **** companies and **** reception. It really scared me to think what if Wind / Mobi go for the unpaired band in the 700 Mhz spectrum? Man, that would really suck to deploy TD-LTE over a 5 Mhz spectrum and offer 20 Mbps on that whole channel. aka garbage speeds, probably worse than HSPA over LTE. We will set a new record! Besides wind is doing the same thing ask nuke he agrees!

  • SC

    Redge you corporate troll

  • Doug

    Telus should sue them if the are using false advertising. While they are at it the should sue them for using a similar colour scheme to Koodo’s. I guess they do that in the hopes that stupid consumers will mistake Mobilicity for a reputable brand. And to all the people in this forum that are so blinded by their hatred of the “Big 3″ that you would condone false advertising from the “Tiny 3″ you should give your heads a shake cause its you that pays for the sh** that you didnt bargain for.

  • mobi is what?

    please produce evidence that mobilicity is bankrupt

    provide some sort of material evidence that proves what you’re saying is true

    where do they indicate that mobilicity is going bankrupt?? I’d sure like to know..

    or just keep your mouth shut..

    • Nukies Nutt

      mobilicity is bankrupt? now thats funny! Wind is over a billion in the hole and that number gets more and more each month. From what I have seen mobilicity is expanding, mobilicity is going to bid on LTE, mobilicity is CANADIAN OWNED, mobilicity does not have tony the tigress, mobilicity is talking about buying wind with winds owners Vimpelcom. It must really bug you all that wind is failing so badly. Number 1 in customer complaints and still for sale! Welcome to wind suckkkas

  • Abe

    This is a strategic move by Telus. By further pushing Mobilicity into debt, makes other companies wanting to merge or invest in it to stay away. This way the Big 3 will be able to buy them up for lower value than what they are worth. It’s a Win Win situation for the Big 3, of course there could be a “collusion” in this lawsuit matter as well !!!??!

    • MAD

      You know whats funny about all this?

      If telus truly wanted to run mobilicity out of business.. or any of the small competitors(wind, public) out of business, why not just match their plans?

      A. You give consumers no reason to go for the small guys.
      B. You make money doing it.
      God knows their profit margins on every plan is near 100%.

  • jack

    Unlimited and throttling are two different things. Would you rather pay the overage fees?

  • anona

    Has anyone actually wathced the ads? It’s no worse then what the Big 3 have done in tha past, but they are anti-competitive. They don’t actually say why you aren’t getting what you pay for, for starters.

    Is it possible Telus are scared? Probably. But are they right in fighting the ad? Yep.

  • Earmonger

    I guess Telus wants to win the Biggest Douch award at this years Canadian Telecom Awards. Rogers has taken it home for 10 years running but Telus has been inspired by Apple.

    Telus, much like like Apple, has forgotten how to invent cool stuff/promotions and has decided that frivolous lawsuits are the way to go.

    Bravo Telus, I wish you well in your pursuit of your award. If you win, you will have truly earned it. (slow clap)

  • Aka

    Didn’t the mobility radio ad say something like ”it takes 3 years to pay off a zero dollar phone?”. That’s misleading advertisement.

    • Aka

      Sorry, dang auto-correct, meant to write “mobilicity ad”.

  • Rissaness

    Telus is angry at Mobilicity because in their advritizement they say “what you see isn’t always what yiou get” Wich is false for Telus because they are the best known company for telling you everything that you will be getting in your agreement and send you warnings when you are about to exceed your data limit. They also let you know if you have gone over and tell you how much you will be charged extra by texting you. Telus has a good rep. Wouldn’t you be unhappy if people were spreading false information on you? I’m personally with Telus on this one. When I first saw that commercial I knew it was wrong too.

  • Madhav

    YOU GUYS ALL HATIN’ ON MOBILICITY

    THEY BRING MOBILITY AND SIMPLICITY TO MY LIFE.

    STOP THIS MADNESS

    THIS ……….. IS ………………. MOBILICITY!!!!!!!!

  • Jeff

    If Telus get money, I would love the $2000 it screwed me out of, the most unethical company. Ever next to koodo who I took as a way to maybe redeem some money with there promised low fees only to be screwed with overcharging and they didn’t pay a referral fee to my son and i. Another $80 for me and$150 for my son. So now I am with Mobolicity and I pay $33.90 taxes in on unlimited calling, text, data and never any overage oh and phone protection included in that. Screwed by bell, rogers, Telus, koodo. Mobolicity I will go to court for you.oh for free no hidden fees.lol

  • N/A

    This is so sad. I in the united states companies target each other directly (ford is better than honda ads etc) it is sad that there is so much protection for these capitalist companies in canada. Deal with some critique it isn’t even directly aimed at you

  • Mike

    I will NEVER pay another penny or dime to Rip Off Telus ! Go Mobilicity Go !

  • Tony

    Suprised that big companies still fail to realize this hurts their image more than helps them. If they can’t defend an advertisement or prove its falsehood in direct competition then I hope that Telus fails entirely as they aught to be ashamed to be considered a proper business model.

  • Cell Hell

    Telus is immoral and offers poor service. Worse they outsource their technical support when the company makes all it’s money in Canada. They prefer to invest overseas.

  • tbone

    Just die Mobilicity. When you sacked you executive team (absent of Dave Dobbin who is an i***t) you had no one left who could even spell cellular.

  • Ken

    No wonder our court system is so backed up when this kind of BS is allowed. Telus should be more concerned about offering the clients better deals than what Wind or Mobilicity has to offer but then again the big 3 want all of the pie.

  • Mobilicity is BANKRUPT

    Die MOBILICITY Die!

    You are Bankrupt and have no money left.

    This will be your last Christmas as Mobilicity. Bell Mobility will buy Mobilicity through the history with Bitove and his family.

    Mobilicity customers, face it, you backed the wrong company and will have to buy new hardware to work with Bell.

  • Amy

    Beat it Telus ! Your customers are leaving by the droves to Mobilicity because you’re 1000 percent more expensive and also your service sucks. Never coming back to Telus again. Go Mobilicity Go !

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