Billions on line as class-action suit against cellphone companies advances

[Wetcoaster]

A class action suit against the top wireless providers (Bell Mobility Inc., Telus Mobility, Rogers Inc., Microcell, Aliant Telecom Inc., and SaskTel) over 20 years of charging system access fees has been approved in the Saskatchewan Court of Appeal.

The matter still must go to trial but rather than each consumer having to start his/her own action, they can simply attach to the class.

BTW non-resident plaintiffs (such as those in BC) can opt into the action.

Interesting defence by the wireless service providers... the potential class was too large. Yup, the court bought into that one - you get off by defrauding a huge number of people rather than a manageable number... NOT.

A class-action lawsuit which, if successful, could find cellphone companies on the hook for about $18 billion, has received the green light by the Saskatchewan Court Appeal.

"It's an absolutely phenomenally large sum of money at stake," Regina lawyer Tony Merchant said Friday. Merchant Law Group represents the cellphone users who have launched the action.

In a unanimous ruling released this week, three judges from the province's top court upheld a lower-court ruling that certified the suit could proceed as a class action, rather than individual cellphone users having to sue separately. It stems from a suit launched against six corporations that provide cellular or wireless voice services operating in Canada, including Bell Mobility Inc., Telus Mobility, Rogers Inc., Microcell, Aliant Telecom Inc., and SaskTel.

The suit had been on hold pending the appeal court's ruling regarding certification. Unless the defendants pursue an appeal to the Supreme Court of Canada, the door is now open for the action to continue and determine if, in fact, money is owed to cellphone users.

In their claim, the customers allege companies engaged in "unjust enrichment" by improperly charging "system access fees" over a period of roughly 20 years. In the words of the judge who certified the suit, "the central issue is the legitimacy of those fees." The companies maintain the fees are legitimate.

Merchant believes the outcome could have an impact beyond cellphone contracts, adding the suit takes aim at allegedly "deceptive" marketing practices. For example, he likened the situation to booking a hotel room through the Internet — and only upon arrival discovering additional fees to access the hotel services.

"I think it's really a bad direction for society unless the courts stop this," Merchant contended. "The case is a hugely significant case."

If the suit succeeds, he estimates an average, individual cellphone user could be awarded about $600 to $800.

The suit was initially launched in 2004. Certification as a class action was at first rejected by the courts, but the class was modified and subsequently accepted in 2007.

Eight appeals regarding the certification orders were argued in December 2010.

Lawyers for the cellphone companies argued Court of Queen's Bench Justice Frank Gerein had erred in concluding all the necessary criteria was met to certify the suit as a class action in this jurisdiction.

In a 79-page ruling authored by Justice Georgina Jackson, all of the appeals were rejected. Jackson concluded, Gerein "committed no error in concluding that the allegations in the statement of claim were sufficient to support a claim in unjust enrichment."

Among the appeals, lawyers for the companies had argued there wasn't a clearly defined class given the sheer volume of cellphone users. But Jackson disagreed.

"The class is large, but its size must not be exaggerated. As a national class action, there is a potential for the class to number 12 million, but in reality it will be much smaller," she said, noting Gerein had made certain orders that will limit the class. For example, non-resident plaintiffs will have to opt into it.

Jackson also agreed with the plaintiffs' position that class size alone shouldn't matter. "Otherwise a defendant committing a wrong against a large number of plaintiffs escapes liability simply because of the magnitude of the number of potential victims," she noted.

The ruling was made unanimous by Justices William Vancise and Gene Anne Smith.

http://www.canada.com/technology/Billions+line+class+action+suit+against+cellphone+companies+advances/5735397/story.html#ixzz1e7umoXaP

[لني]

"on the line"?

[dragon]

So do we get our money back?

I still don't understand what system access fee is, nor activation fee

What will they think of next to rip us off?

[Pink Sock]

I'm sure they'll just raise rates and we'll take in the behind as per usual.

[Shift-4]

Always hated paying them to be their regular customer

[canucks since 77]

The only ones that will "win" anything will be the lawyers.

[Wetcoaster]

So do we get our money back?

I still don't understand what system access fee is, nor activation fee

What will they think of next to rip us off?

[Wetcoaster]

The only ones that will "win" anything will be the lawyers.

[Sharpshooter]

Here's a tip for people with cellphones that don't have a plan or is old and you don't use it. You can still dial 9-1-1 for emergencies and get through to emergency services.....for free.

[silverpig]

The class should vote to use the $18B to create a nation-wide public LTE network that runs as a non-profit.

[silverpig]

Here's a tip for people with cellphones that don't have any coverage. You can still dial 9-1-1 for emergencies and get through to emergency services.....without having a cellphone services from any carrier.

[Sharpshooter]

If you don't have a PLAN that is fine. If you don't get coverage (ie signal) you're screwed.

[canucks since 77]

That is incorrect.

[Sharpshooter]

So would I need documentation of how long i've had the plan? (That's probably a no brainer)

And would I be able to get that from my provider, as I only keep a year's worth of cell bills on hand, before shredding them.

[Canuckerbird]

Form seems simple enough. Is that all the info they need for me to get into this action? And what are the possible ramifications, if any, of me joining the suit?

[Columbo]

When's the lawsuit for all of Canada's cell phone companies colluding to keep monthly bills extraordinarily high?

[SterlingArcher]

I'm fed up with these dumb fees. I'm going back to the no cell phone days, and keeping quarters in my pockets for pay phones. Cell phones are starting to take over peoples minds. Everywhere you go or look you see people clicking away on their cell phones and bumping into each other. I also don't like the fact our every movement can be tracked by cell phones, our calls can be heard, our texts can be read, our private conversations can be heard even when your not using your phone by the government. Breach of privacy

[silverpig]

I'm fed up with these dumb fees. I'm going back to the no cell phone days, and keeping quarters in my pockets for pay phones. Cell phones are starting to take over peoples minds. Everywhere you go or look you see people clicking away on their cell phones and bumping into each other. I also don't like the fact our every movement can be tracked by cell phones, our calls can be heard, our texts can be read, our private conversations can be heard even when your not using your phone by the government. Breach of privacy

[The Situation]

I'm fed up with these dumb fees. I'm going back to the no cell phone days, and keeping quarters in my pockets for pay phones. Cell phones are starting to take over peoples minds. Everywhere you go or look you see people clicking away on their cell phones and bumping into each other. I also don't like the fact our every movement can be tracked by cell phones, our calls can be heard, our texts can be read, our private conversations can be heard even when your not using your phone by the government. Breach of privacy

[Wetcoaster]

There is no need to find a pay phone. Just mooch a phone from a friend when necessary because nearly everyone else has a phone.