Bell Mobility, BCE Lawsuit: Class Action Contends Expiry Dates On Pre-Paid Wireless Services Illegal

CP  |  Posted: 05/14/2012 5:08 pm Updated: 05/14/2012 5:17 pm

Bell Mobility Lawsuit
Bell Mobility and its parent company, BCE Inc., have been served with notice of a $100-million class-action lawsuit.

TORONTO (CP) -- Bell Mobility and its parent company, BCE Inc., have been served with notice of a $100-million class-action lawsuit alleging that expiry dates on its pre-paid wireless services are illegal.

The suit alleges the practice is contrary to Ontario's Consumer Protection Act and the pre-paid wireless services should be treated as gift cards without an expiry date under the act.

The suit is being handed by the Toronto law firm of Sack Goldblatt Mitchell LLP on behalf of Celia Sankar of Elliot Lake, Ont.

Sankar, founder of the DiversityCanada Foundation, a non-profit organization that promotes social justice, is a Bell Mobility pre-paid wireless customer who has had her credit balance seized on two occasions.

"Because the prepaid wireless service is the least expensive way to have a phone, and does not require a credit card or a bank account, it is often the only option for youth, new immigrants, workers on minimum wage, the unemployed, people on disability and seniors on fixed incomes," Sankar said in a statement.

"These are the people who can least afford to have their funds forfeited or to have their mobile services cut off," she said.

If the case is certified as a class action, Sankar will represent all persons in Ontario who purchased or acquired pre-paid wireless services under the brands Bell Mobility, Virgin Mobile Canada and Solo Mobile since May 4, 2010.

Bell Mobility spokeswoman Jacqueline Michelis said there's no merit to the suit.

"We'll certainly defend against it," Michelis said.

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This user has chosen to opt out of the Badges program
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03:30 PM on 05/15/2012
Bell is definitely the worst provider. For everything, tv, wireless, homephone, you name it. They try to over charge for everything and make the process of getting a refund or correction frustrating and damn near unbearable.
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TonyOnly
Truth matters.
12:06 PM on 05/15/2012
Prepaid cell phone cards and gift cards are not the same thing at all.
Phone cards buy you a personal service. Gift cards are a gift you give to someone else.

Even the government considers them to be different. Phone cards are taxable. Gift cards are not.

Of all the things they could've chosen to class action sue Bell for, they could've picked something much better than prepaid expiry dates.
This user has chosen to opt out of the Badges program
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11:37 AM on 05/15/2012
Bell rips everyone off now! Try canceling your cell phone service with them on a 3 year term because the service sucks. They want to change $400 for the cancel and another $200 if you have a data plan. They are a bunch of crooks. I hope they get sued more so I can get a good cell phone service provider.
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TonyOnly
Truth matters.
10:04 AM on 05/15/2012
There are 2 expiries on prepaid service. One is date. The other is minutes. By far and away, prepaid users go through their minutes before they reach their expiry date. The few that don't are the grannies who keep their cell phone locked up waiting for some emergency. They don't use it. They don't even give out the number.

They're the only ones who would benefit from this frivolous lawsuit. Everybody else will suffer because the wireless companies will simply change the service to compensate. Like trying to force prepaid users into contracts. Or raising the per minute and texting charges.

Of all the lawsuits they could possibly bring against wireless service providers, this one is the most poorly thought out. If they win, it will actually end up hurting the majority of prepaid users by creating further restrictions on the way the actually use the service..
paintitblacker
shit happens life goes on
03:47 AM on 05/15/2012
why was their a time restriction to begin with, ? of course to make money by ripping off the consumer, it would look good on them to lose this lawsuit, deregulation would also be nice
11:18 PM on 05/14/2012
If bell and rogers are such great companies why do they only do business in Canada ?
Most companies try to expand into other countries, lookat wind and the virgin name (not the Canadian cell business)
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TonyOnly
Truth matters.
11:03 PM on 05/14/2012
And presumably, if Bell loses, all wireless companies' expiration dates on prepaid service will be invalid.

However, this class action suit is a mistake. If Bell loses, they'll simply eliminate prepaid service and design a contract that most prepaid customers can qualify for. And the law suit will end up hurting the very people it's intended to help.

As someone who has done both, prepaid and contract, I much prefer prepaid and being free of commitment and hidden charges. Expiration dates are a small price to pay for that freedom.

Prepaid service is the easiest way for regular cell phone users to control how much they spend for their service. People who would benefit from a lack of expiration date are not regular users. And they are a very small minority.

This law suit is a mistake.
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HUFFPOST SUPER USER
o3mta3o
05:17 AM on 05/15/2012
they won't make everyone go on a contract because as stated, some people just don't qualify. you need established credit to get a phone on a contract without huge deposits. this would in turn alienate a whole bunch of customers who would flock to other providers. this is a market the don't want to lose. i've done prepaid back before expiration datesand there was a time that they weren't required. the cellular world did not grind to a halt. they just decided that with an expiration date they can go ahead and bone you for what you don't use.
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TonyOnly
Truth matters.
10:32 AM on 05/15/2012
Do you really believe the wireless service providers will just sit back and take it if they lose the lawsuit?

The prepaid users they can't turn into contracts, will be forced to pay higher per minute and texting charges to compensate for the lack of expiration date.
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HUFFPOST SUPER USER
tmzrules
09:34 AM on 05/15/2012
You realize there are other cell phone providers right? Thanks for providing a narrow minded scare for small brained people like yourself.
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TonyOnly
Truth matters.
10:28 AM on 05/15/2012
I get 2000 anytime minutes and unlimited texting for a $39.75. per month, tax in. It includes vm, call ID, call forwarding etc.

Can you suggest a provider that will give me a better prepaid rate?
09:47 PM on 05/15/2012
Besides it sounds like he works for Bell
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HUFFPOST SUPER USER
Trashcan Man
Luck does not reduce risk even when it seems to.
10:14 PM on 05/14/2012
The big telecom companies have full government protection. It's collusion if not out right racketeering. Perhaps a better term is corporate communism. The government tells us the airwaves are public but the benefits to the public are negligible. A few dividends, a few jobs but Bell and Rogers are more about taking money out of the economy and capitalizing at public expense and the government helps them do it.
If they treat their employees as badly as their customers they must awful places to work.
I wanted to use my cell phone for a trip to the US for a week. Cost: 25$/phone + the cost of txt,data and voice. They only have a 30 day policy. The customer pays for the time they won't be using. Bell says pay the flat fee and the calls are free! That makes no sense.
Every month people don't use up as much txt, data and voice as we pay for. The telecoms keep the difference.

Even Cambodia has a better wireless system than Canada.
08:15 PM on 05/14/2012
The mobile phone industry in Canada is abysmal and archaic. It's a fact that Canadians pay the highest rates amongst developed countries.

The CEO of Wind Mobile, who is currently fighting to break the monopolization in Canada, recently stated why a juggernaut like Rogers has not expanded into multiple markets outside of Canada, compared to companies like Wind, Virgin or T-Mobile. It's because Rogers reaps so much $$ from their Canadians users with very little government or market interference, there's no reason to expand outside of Canada.

That said, I'm a Bell Mobility pre-paid customer, and I certainly hope that this lawsuit will initiate change benefiting ALL Canadian mobile users.
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butchcliff
The future is unwritten
08:00 PM on 05/14/2012
They also have 'creative billing' in their tv dept. Sneaky comes to mind.
cdnman
Still a free spirit...
05:13 AM on 05/15/2012
butchcliff....faved/fanned.
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butchcliff
The future is unwritten
06:16 AM on 05/15/2012
Thanks. Reps seem to have to apologize continuously for their policies.
07:47 PM on 05/14/2012
Is Rogers Wireless next? They do exactly the same thing,
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HUFFPOST SUPER USER
PlayTOE
Morals evolved due to cooperative group living
06:53 PM on 05/14/2012
Bell should not be using deceptive and sneaky underhanded business methods to rip off their customers. That is a bad business strategy.
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laughingit up
I would rather stick pins under my fingernails..
08:32 PM on 05/14/2012
They don't know any other way to do business,sneaky is their motto!
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HUFFPOST SUPER USER
SayBlade
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06:03 PM on 05/14/2012
The only prepaid cell phone provider that gives you an entire year before your funds expire is 7-11. When I was looking for an emergency cell phone, this is exactly what I wanted. All the others were the same 30 days. So, I only used $45 worth of air time for one whole year and that included occasional texting.

This class action suit is precisely what we need to end the airtime theft from the cell phone providers. I hope it succeeds.
12:58 AM on 05/15/2012
Petro Canada Mobility gives you one year expiration too...if you buy a hundred bucks worth at the beginning. Any top ups are added to the 1 year too..
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HUFFPOST SUPER USER
SayBlade
This micro bio intentionally left blank.
10:19 AM on 05/15/2012
When I was shopping around last year, I didn't see that on the PetroCan plans.
05:55 PM on 05/14/2012
you think that is bad ----5 years ago i was going to build a house --and i forked over 15,000 to the township ----pre -constuction taxes ---wrung out of me by coersion ---(no pay --no building permit )---

any way for a variety of reasons the home did not get built until this year -----it seems the 15,00 i paid ---expired with the permit and they say i am not entitled to a refund ------and none of it was applied against then 30,000 i had to fork over for the new permit ----

i am left to begging the township for a break ---for now ----they are thinking on it ----if the answer is not to my liking there will be further action
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HUFFPOST SUPER USER
SayBlade
This micro bio intentionally left blank.
06:06 PM on 05/14/2012
I hear ya. But, I think this is for another forum thread and may be a local issue. Thanks for sharing it anyway.
05:30 PM on 05/14/2012
Hey Jacqueline f 0