Visa, Mastercard and Amex prepaid cards: activation fees
Title of cause:
Class action regarding activation fees for prepaid cards: Visa, Mastercard and Amex (cards issued by Peoples Trust Company)
Quebec Superior Court file number:
500-06-001203-229
Offences:
The plaintiff purchased a $25 prepaid Mastercard from Couche-Tard. The prominently advertised price on this prepaid Mastercard was $25. When she got to checkout, Couche-Tard charged her a total of $29.54 for her $25 card. The additional charge of $3.95 plus tax was required at checkout for a mandatory activation fee. Since the activation fee is mandatory, the actual purchase price of this prepaid card is $28.95 (plus applicable taxes) and should be advertised as such.
All of the defendants listed below advertise these Mastercard, Visa and Amex prepaid cards in the same way, contrary to section 224c) of the Quebec Consumer Protection Act which stipulates in particular that "the advertised price must include the total sums that the consumer will have to pay to obtain the good or service" and that "The advertised price must stand out more clearly than the sums of which it is made up". The defendants listed below are bound by their covenant to comply with the Order regarding the Price Accuracy Policy for Merchants Using Scanner Technology (the "Price Accuracy Policy" and, as such, shall to Class members liquidated damages of $10.00 for each prepaid card purchased, plus the amount of the activation fee charged pursuant to Section 1(1)(b) of the Price Accuracy Policy.
Proposed group:
All of the defendants listed below advertise these Mastercard, Visa and Amex prepaid cards in the same way, contrary to section 224c) of the Quebec Consumer Protection Act which stipulates in particular that "the advertised price must include the total sums that the consumer will have to pay to obtain the good or service" and that "The advertised price must stand out more clearly than the sums of which it is made up". The defendants listed below are bound by their covenant to comply with the Order regarding the Price Accuracy Policy for Merchants Using Scanner Technology (the "Price Accuracy Policy" and, as such, shall to Class members liquidated damages of $10.00 for each prepaid card purchased, plus the amount of the activation fee charged pursuant to Section 1(1)(b) of the Price Accuracy Policy.
Remedies Requested for Consumers:
This class action seeks: (i) the reimbursement of the total amounts that the members of the group have paid beyond the advertised price on and for the prepaid cards (i.e. the amounts of the activation fees, excluding sales tax); (ii) indemnification of the aggregate amounts of $10.00 per Card due to each Class Member under the Price Accuracy Policy or the Code; and (iii) payment of the total amount of $10.00 per card purchased per class member as punitive damages.
Defendants:
- COUCHE-TARD INC.
- THE JEAN COUTU GROUP (PJC) INC.
- WAL-MART CANADA CORP.
- CANADIAN TIRE CORPORATION, LIMITED
- BEST BUY CANADA LTD.
- SHOPPERS DRUG MART INC. (a.d.b.a. Pharmaprix)
- SUNCOR ENERGY INC. (a.d.b.a. Petro-Canada)
- SHELL CANADA LTD.
- PARKLAND CORPORATION (a.d.b.a. Esso, Ultramar, Dépanneur du coin, Dépan Express and Marché Express)
- GIANT TIGER STORES LIMITED
- METRO INC. (a.d.b.a. SuperC)
- SOBEYS CAPITAL INCORPORATED (a.d.b.a. IGA)
- LOBLAWS INC. (a.d.b.a. Provigo and Maxi)
- MCKESSON CANADA CORPORATION (a.d.b.a. Uniprix and Proxim)
- DOLLARAMA S.E.C.
- STAPLES CANADA ULC (a.d.b.a. Wholesale Office)
- HOME DEPOT OF CANADA INC.
- CANADA POST CORPORATION
- PEOPLES TRUST COMPANY & PEOPLES CARD SERVICES LIMITED PARTNERSHIP
- MASTERCARD INTERNATIONAL INC., VISA INTERNATIONAL SERVICE ASSOCIATION & AMEX BANK OF CANADA
Request status :
Pending clearance hearing.
