Case name:
False and misleading claims made by Rogers, Bell and Telus concerning “Unlimited Data”
Quebec Superior Court file #:
500-06-001281-233
Violations:
Applicant alleges that Rogers, Bell and Telus prominently and falsely advertised their mobile plans as having “unlimited data”, but failed to adequately disclose to their customers (or sometimes to disclose at all) that there were significant reductions in data speed (referred to in the industry as “throttling”), after their customers reached a certain data cap.
Applicant further alleges that Rogers misled consumers in the marketing of its “Roam Like Home” service because Rogers throttles its customers when they are abroad. As such, their mobile service does not “Roam Like Home” (rather at significantly lesser speeds and functionality).
Proposed Classes:
“Rogers Infinite” Class:
All natural and legal persons in Canada who subscribed to Rogers’ Infinite wireless phone plans.
“Roam Like Home” Class:
All natural and legal persons in Canada who subscribed to Rogers’ Roam Like Home service and whose mobile services were throttled while using it away from home.
“Telus Unlimited” Class:
All natural and legal persons in Canada who subscribed to Telus’ wireless phone plans advertised as having “unlimited data”.
“Bell Unlimited” Class:
All natural and legal persons in Canada who subscribed to Bell Mobility’s wireless phone plans advertised as having “unlimited data”.
Remedies sought for consumers:
The purpose of this class action is to obtain:
a) an injunction ordering Rogers, Bell and Telus to cease the prohibited business practices and misleading advertising concerning “unlimited data”; and
b) compensatory and punitive damages in amounts to be determined.
Status:
Pending authorization hearing.
