Credit Card Annual Fees Class Action
Quebec Superior Court file #
Plaintiffs allege that Amex Bank of Canada, the Bank of Montreal, The Toronto-Dominion Bank, JPMorgan Chase Bank National Association, the Royal Bank of Canada, Canadian Imperial Bank of Commerce, Bank of Nova Scotia, the Laurentian Bank of Canada and Desjardins violate paragraph c of section 230 of Quebec’s Consumer Protection Act, as well as section 8(2)(a) of the Negative Option Billing Regulations (except for Desjardins and Amex concerning the latter regulation), by engaging in negative option billing practices. Plaintiffs allege that it is illegal for these Banks to automatically charge consumers the annual fee each subsequent year – at the end of a promotional period – without sending the appropriate disclosure.
All consumers who since July 4th, 2013 (the “Class Period”), were charged an annual fee for their credit card, which was preceded by a determined period during which the annual fee was either waived (free) or discounted and then automatically renewed for an indeterminate term at the regular price as of July 4th, 2013.
Remedies sought for consumers
- Compensatory and punitive damages for Quebec consumers in amounts to be determined.
- Injunctive relief ordering the Banks to cease this prohibited practice.
Pending Authorization hearing