Case name:

Amazon, Home Depot and Wayfair – Online Sales of Extended Warranties in Quebec

Quebec Superior Court file #:

500-06-001195-227

What this case is about:

The Plaintiff alleged that during the Class Period, Amazon, Wayfair and Home Depot of Canada Inc. sold extended warranties for consumer electronics and home appliances in violation of section 228.1 of the Quebec Consumer Protection Act (“CPA”).  In Quebec, the law imposes on merchants selling extended warranties the obligation to inform consumers of the existence and nature of Quebec’s legal warranty provided for in sections 37 and 38 CPA before proposing the purchase of a contract that includes an additional warranty on goods. For more information on Quebec’s Notice Concerning the Legal Warranty, you can visit the website of the Office de la protection du consommateur at www.opc.gouv.qc.ca.

On August 10, 2023, the Superior Court of Quebec authorized this class action against Amazon and Wayfair (you may access the authorization judgment here). Home Depot agreed to settle this class action prior to the the authorization judgment. Since then, Amazon and Wayfair have also agreed to settle this class action and to compensate class members. All of the Defendants have also modified their websites and properly inform Quebec consumers of the Notice Concerning the Legal Warranty.

Details concerning each of the settlements, including copies of the settlement agreements and notices to class members, are accessible in the “Documents” section below.

Authorized Classes:

Amazon Class:

All consumers residing or domiciled in Quebec at the time of the purchase and who purchased an extended warranty on goods purchased from the Amazon mobile application(s) and/or website(s) between February 7, 2019 and July 3, 2023.

Home Depot Class:

All consumers in Quebec who, from February 7, 2019 to September 30, 2022, purchased an extended warranty on goods from the Home Depot mobile application(s) and/or website(s).

Wayfair Class:

All consumers residing or domiciled in Quebec at the time of the purchase and who purchased an extended warranty on goods purchased from the Wayfair mobile application(s) and/or website(s) between February 7, 2019 and October 31, 2022.

Status:

Wayfair :

The settlement approval hearing with Wayfair scheduled for March 25, 2024 has been cancelled. An error beyond the control of the parties was included in the initial version of the settlement and has been corrected by the modified settlement. A new notice will be sent to Wayfair class members by e-mail, explaining the error. The new date for the hearing to approve the modified Wayfair settlement is May 24, 2024, at 2:00 p.m., in room 2.08 of the Montreal Courthouse, or by a TEAMS link which will be posted here prior to the hearing.

Amazon :

On February 23, 2024, the Court approved the settlement with Amazon. For more information, please visit the Amazon settlement website: www.amazonquebecwarranties.com.

Home Depot :

On December 15, 2023, the Court approved the settlement with Home Depot.