Case name:
Rogers Outage and False Representations (Most “Reliable” Network) Class Action
Quebec Superior Court file #:
500-06-001192-224
Violations:
On July 8, 2022, along with millions of other Canadians, the Plaintiff’s Rogers wireless phone did not function all day due to what Rogers claims to have been a network outage. The Plaintiff brings this action because: (i) a credit of two days of service offered by Rogers is wholly inadequate and does not account for the other damages he and Class members suffered and which the law provides for in such cases (sections 10, 16 and 272 of Quebec’s Consumer Protection Act (the “CPA”); (ii) he was misled by Rogers’ marketing, in particular claims that it was Canada’s most “reliable” network, contrary to sections 40, 41, 42 and 219 CPA; and (iii) to hold Rogers accountable for its negligence and insouciance, in particular with respect to its obligation under CRTC regulations to make 9-1-1 calls available at all times and which was unavailable to all Class members for close to 24 hours during the outage.
The Plaintiff also bring this action in civil liability pursuant to article 1457 of the Civil Code on behalf of non-Rogers customers, including businesses, who could not operate with their own device or make transactions, because of the Rogers outage on July 8-9, 2022 (such as debit card purchases, Interac e-transfers, paying with or receiving payment by Interac, etc).
Proposed Class and Subclass:
Class:
All consumers and businesses who had a service contract with Rogers, Fido Mobile, Cityfone or Chatr Mobile and who did not receive wireline or wireless services (including 9-1-1 services) as of July 8, 2022 and until the services were fully restored.
Subclass:
All natural and legal persons who could not operate with their own device or make personal or business transactions/operations (including paying with or receiving payment by Interac), because of the Rogers outage on July 8, 2022 and until the Rogers network was fully restored.
Remedies sought:
This class action is claiming compensatory and punitive damages from Rogers in the amount of $200 per member f0r the claim that Rogers did not perform the service stipulated in the contract on July 8-9, 2022, contrary to section 16 CPA, as well as $200 per member for the claim that Rogers made false representations with respect to having the most “reliable” network.
This action also seeks to obtain compensation for individuals and businesses who are not customers of Rogers and who suffered damages as a result of the Rogers outage.
Status:
Pending authorization hearing.
