Credit Card Annual Fees Quebec Class Action;
Quebec Superior Court file #
Plaintiff alleges 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 and the Laurentian Bank of Canada systemically violate paragraph c of section 230 of Quebec’s Consumer Protection Act, by engaging in negative option billing practices. Plaintiff alleges that under Quebec Consumer Protection law, it is illegal for these Banks to automatically charge consumers the annual fee each subsequent year.
Every consumer, pursuant to the terms of Quebec’s Consumer Protection Act (“CPA”), who since July 4th, 2013 (the “Class Period”), was provided services or goods free of charge, for a fixed period (the “Fixed Period”), by any of the Defendants, and who, after the Fixed Period, was required to send a notice to any of the Defendants indicating that he/she does not wish to obtain the services or goods at the regular price (the “Regular Price”);
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