logo FOLLOW CELIA
A Campaign for Fair Treatment for Bell Prepaid Wireless Customers
Together we can be united and strong
Sign
THE PETITION
Why this campaign?
Bell presents two different expiry dates to the customer. Which is the valid expiry date?
Bell claims the customer's unused balances as forfeited even before the expiry day is over.
Because of Bell's practices, prepaid wireless customers have lost untold millions of dollars.
Prepaid wireless customers include seniors, youth, minimum-wage workers and the unemployed.
These are vulnerable consumers who can least afford to lose their funds or their mobile service.
STAY IN THE LOOP
Subscribe to receive news and updates
By providing your name and email, you are agreeing to be contacted concerning this consumer education and mobilisation campaign. Your information with not be shared with any third party and you will not be contacted by any third party, unless you so authorise.

 

 

Official Notice of Class Action Lawsuit
August 27, 2014
By Celia Sankar

Share this:   

I haven't posted in a while. That's not because nothing has been happening; quite the opposite. Much work has been carried out these last couple of months in the background concerning both the Ontario lawsuit filed against Bell Mobility and efforts to protect the rights of prepaid wireless consumers before the federal authorities.

More on these other developments soon.

As for the lawsuit, the Court earlier this month approved a Notice about the class action for publication.

The Notice appeared in numerous newspapers across the province, last week. Below is the text of the Notice.

A copy of the opt-out form mentioned in the Notice may be downloaded here.

 

NOTICE OF CERTIFICATION OF A CLASS PROCEEDING

TO:

All persons in Ontario who were prepaid, pay-per-use wireless telephone customers of Bell Mobility, Virgin Mobile Canada and Solo Mobile and had balances remaining in their accounts which expired between May 4, 2010 and December 16, 2013 (the "Class Period").

This Notice is published by order of the Ontario Superior Court of Justice

The Ontario Superior Court of Justice has allowed a class action lawsuit to proceed, which seeks compensation if your prepaid wireless balances expired.

The Court has not yet determined whether or not the lawsuit will succeed. You are being provided with this notice because you may be a member of the class described below. If you do not want to participate in the lawsuit, you must choose to "opt out" of the lawsuit as described below.

The lawsuit alleges that the defendant, Bell Mobility Inc. ("Bell") breached its contracts during the Class Period with its Ontario customers who used the Bell Mobility, Virgin Mobile Canada and Solo Mobile prepaid wireless services by seizing prepaid balances too early, and/or by imposing expiry dates on prepaid balances contrary to provincial regulations applicable to gift cards.

Bell's terms of service create a contract between prepaid wireless customers and Bell.

Celia Sankar has been appointed the representative plaintiff, and the law firms of Sotos LLP and Sack Goldblatt Mitchell LLP ("Class Counsel") have been approved by the Ontario Superior Court of Justice to act for the Class Members.

Please contact Class Counsel with any questions about this class action:

Sotos LLP
ATTN: Tanya Atherfold-Desilva
180 Dundas Street West, Suite 1200
Toronto, ON MSG 1Z8
tatherfold@sotosllp.com

More information is available at http://www.bellmobilityclassaction.ca

This Notice is published by order of the Ontario Superior Court of Justice and explains:

1. The lawsuit
2. Who might benefit from the lawsuit
3. Your right to choose whether to participate in the lawsuit
4. Financial consequences for you
5. Fees and Funding
6. Other matters


1. The lawsuit

On May 4, 2012, Celia Sankar commenced a lawsuit against Bell. The lawsuit alleges that Bell breached its contracts during the Class Period with its Bell Mobility, Virgin Mobile Canada and Solo Mobile prepaid wireless telephone customers in Ontario by seizing prepaid balances before it was entitled to under the contracts. It also alleges that Bell's seizure of prepaid wireless telephone balances was contrary to regulations applicable to gift cards under Ontario's Consumer Protection Act. Bell denies that it acted in breach of contract and further denies that provincial gift card regulations apply.

2. Who Might Benefit from the Class Action

All persons in Ontario who contracted with Bell (through its brands Bell Mobility, Virgin Mobile Canada and Solo Mobile) for prepaid wireless telephone services subject to Bell's Terms and Conditions, paid on a pay-per-use basis, and had balances remaining in their accounts at the end of an active period which expired within the Class Period (i.e. between May 4, 2010 and December 16, 2013) are members ofthe Class and may benefit from this lawsuit.

3. Your Right to Choose Whether or Not to Be Part of the Lawsuit

(a) You have a right to take part in this class action lawsuit

DO NOTHING IF YOU WISH TO TAKE PART IN THIS LAWSUIT. If you are a person falling within the Class definition described above, you will automatically be included in the Class unless you opt out of this proceeding. This means that you will be bound by the result in the lawsuit, win or lose.

(b) How to be excluded from the Class:

IF YOU DO NOT WANT TO BE PART OF THIS LAWSUIT, you must fill out the "opt-out" form below (or write a letter setting out the same information) and send it care of Class Counsel at the following address or e-mail address:


To: Tanya Atherfold-Desilva
180 Dundas Street West, Suite 1200
Toronto, ON MSG 1Z8
tatherfold@sotosllp.com

The deadline for opting out is November 17, 2014 . If your written request to opt out is not received by 5:00 pm on that date, you will remain a member of the Class.

By opting out of this Class, you are confirming that you do not wish to participate in this class action. If you decide to opt out of this class action, you will be excluded from any settlement or award of damages awarded by the Court.

Once you opt out of this class action, you will receive no further communications regarding this action from class counsel.

4. Financial consequences for you

If the lawsuit is successful, the Court may award compensation to the Class as a whole or some portion of the Class. In the alternative, the Court may also establish a process, including individual hearings, to review the amount of damages each individual Class Member may claim and to assess the amount of damages each individual Class Member may be entitled to receive.

If the class action lawsuit is not successful, the Class will not be awarded damages and you will not receive any money. The members of the Class will NOT be responsible for any legal costs of the class action lawsuit and will NOT have any other financial obligations because of the class action lawsuit.

Whether or not the class action lawsuit is successful, all members of the Class who do not opt out of the class action will be bound by the judgment of the Court. This means, for example, that after this lawsuit is over, if you remain a class member in this proceeding you could not start your own lawsuit against Bell in relation to the matters at issue in the lawsuit.

As of the date of this notice the Court has not set a date for trial.

5. Fees/Funding

Ms. Sankar has retained Sotos LLP and Sack Goldblatt Mitchell LLP to represent her and the Class in the lawsuit. Class counsel will be paid legal fees only if the lawsuit is successful. These legal fees and costs must be approved by the Court.

Ms. Sankar has received indemnification and funding from the Class Proceedings Fund ("CPF"). The CPF was established by the Law Foundation of Ontario to provide financial support to class action plaintiffs. In the event that Ms. Sankar is successful at trial, the CPF will receive a levy in the amount of 10% of any awards or settlements in favour of the plaintiff and any other class member, together with a return of any funded disbursements.

6. Other matters

If you wish to participate personally in the lawsuit, you may apply to the Court for permission to do so.

The Court papers in this lawsuit are available for inspection at the office of the Superior Court of Justice,Courthouse, 393 University Ave.,Toronto, Ontario, Court File CV-12-452867-00CP.

PLEASE DO NOT CONTACT BELL OR THE COURTHOUSE ABOUT THIS CLASS ACTION. THEY WILL NOT BE ABLE TO ANSWER YOUR QUESTIONS ABOUT THE LAWSUIT.

More information is available at http://www.bellmobilityclassaction.ca/

This notice is published pursuant to section 17 of the Class Proceedings Act, 1992 and was approved by the court.

 


 

 

Image 01 Image 02 Image 03 Image 04 Image 05 Image 06 Image 07 Image 08 Image 09 Image 10 Image 11