Lowe’s Canada: Website Pricing Errors
Quebec Superior Court file #:
What this class action was about:
The Plaintiff notably alleged that Lowe’s Canada acted in violation of paragraph c of section 224 CPA by selling certain SKU items to him respectively for $39.99 and $99.99 plus taxes, unilaterally cancelling his orders and then advertising these items the next day on its Websites for $179.99 and $949.00. This class action sought the reimbursement for all Class Members of the “Lost Value” (i.e. the higher price advertised the next day minus the price paid by consumers). Lowe’s Canada has agreed to settle this class action without any admission of wrong doing. A copy of the Settlement Agreement is accessible below.
All consumers who, on May 1, 2021, purchased one or more items from one or more of the following websites: www.lowes.ca, www.rona.ca or www.renodepot.com and whose purchase was unilaterally cancelled by Lowe’s Canada thereafter.
Terms of the Settlement Agreement:
Pursuant to the terms of settlement, each Class Member (as defined in section II of the Transaction) will be entitled to receive a Credit in the amount of the Price Difference for each item bearing the Product Codes said Class Member ordered on the Websites on May 1, 2021, up to a maximum of one (1) item per Class Member for each Product Code, regardless of the number of items ordered by such Class Member bearing a particular Product Code.
The term “Price Difference” is defined in the Transaction as meaning the full amount in Canadian dollars of the difference between the erroneous price (excluding taxes) at which an item bearing a Product Code was listed on the Websites on May 1, 2021 and the price (excluding taxes) at which such item should have been listed on the Websites at that same date;
The Credit amounts range from $140.00 to $850.00, depending on the item purchased. The parties have negotiated that Class Counsel fees will be on top of these credits, meaning that they will not impact the full value of the Credits to be issued to Class Members.
On May 25, 2022, the Superior Court of Quebec approved the Transaction. On September 15, 2022, the Court approved the First Amendment to the Transaction. You can consult all of these documents below.
Judgment approving the First Amendment to the Transaction – September 15, 2022
First Amendment to the Transaction – September 7, 2022
Judgment approving the Lowe’s Transaction – May 25, 2022
Settlement Agreement (including Notice to Class Members as its Schedule A) – February 22, 2022
Judgment Authorizing the Class Action and Notices to Members – February 28, 2022
Application to Authorize: Lowe’s Companies Canada ULC Class Action – May 5, 2021