Case name

SETTLED: Wayfair Pricing Error Class Action

Quebec Superior Court file #

500-06-000809-166;

What this case was about:

Plaintiff alleged that Wayfair LLC repeatedly violated paragraph c of section 224 of Quebec’s Consumer Protection Act, by charging a higher price than that advertised for their products. Plaintiff further alleged that Wayfair fails to fulfill its obligations under sections 16 and 54.1 of Quebec’s Consumer Protection Act, by cancelling consumers’ orders and refusing to deliver goods validly purchased by consumers.

Class Description:

All persons in Quebec who, since January 4th, 2016 (the “Class Period”), ordered one of the following goods from the Wayfair.ca website (hereinafter “Wayfair”) and had their purchase cancelled by Wayfair as a result of a pricing error in the advertised price:

i) Montgomery Loveseat listed on January 12th, 2016;

ii) Laguna 8-piece seating group listed on July 15th, 2016;

iii) Milano 5-piece deep seating group listed on September 6th, 2016.

Terms of the Settlement:

Compensation to class members under the terms of the Settlement Agreement, still subject to Court Approval, is as follows:

  • Montgomery Sub-Class members will have the option to receive one of the following two compensation choices:

a) one (1) Montgomery Loveseat, provided that the product is still available; or

b) a Store Credit in the amount of $542.87

  • Laguna Sub-Class members will have the option to receive one of the following two compensation choices:

a) one (1) Laguna 8-piece seating group, provided that the product is still available; or

b) a Store Credit in the amount of $3,038.00

  • Milano Sub-Class members will have the option to receive one of the following two compensation choices:

a) one (1) Milano 5-piece deep seating group, provided that the product is still available; or

b) a Store Credit in the amount of $2,823.00

Status

Class Action Authorized for Settlement Purposes by the Honourable Michèle Monast, J.C.S., of the Superior Court of Quebec on June 29, 2017.