Bell and TELUS are both facing class action lawsuits over the alleged rounding of minutes on customers’ bills. According to the Canadian Press, the suit claims that Bell and Telus used to bill subscribers on a per-second basis but then switched to a process in mid-2002 that reportedly rounded the unused minutes up. For example, if you spoke for 1:01 the carriers apparently billed customers for a two minute call.
Rochon Genova LLP said in a press release today that the suits have been certified by the Ontario Superior Court of Justice. The law firm names Avraham Wellman as the representative plaintiff, a requirement in a class action suit.
Speaking about the certification, the Honourable Madam Justice Conway of the Ontario Superior Court of Justice said that all class members would have signed a written agreement that referred to the number of minutes purchased. However, this agreement didn’t disclose the practice of rounding up to the farthest minute.
The lawsuit, which “affected millions of Canadians,” has been certified on behalf of Canadian residents subscribed to Bell between August 18, 2006, and October 1, 2009, and Ontario residents subscribed to TELUS’ services between August 18, 2006, and July 1, 2010.
Joel Rochon, partner at Rochon Genova, said, “This is an important decision for everyday consumers. They have a right not to be misled when entering a standard form contract. There is hope with this decision that mobile phone transactions will become more transparent. Justice Conway’s reasons reaffirmed one the foremost policy goals of the Class Proceedings Act, by providing access to justice to millions of cell phone users who were unwittingly charged excessive and unjustified fees in breach of the express terms of their contracts.”
[source]CBC, Rochon Genova[/source]
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