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 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, etc.)

Proposed Class and Subclass:

Class:

All consumers who had a service contract with Rogers, Fido Mobile or Chatr Mobile and who did not receive the services (including 9-1-1 services) on July 8 and/or July 9, 2022

Subclass:

All persons in Quebec on July 8 and/or July 9, 2022, who could not operate with their own device or make transactions because of the Rogers outage on July 8 and/or July 9, 2022

Remedies sought for consumers:

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.

Status:

Pending authorization hearing.