Bell Mobility class action
p2pnet news view | Mobiles:- Former mobile telephone salesman Éric Cormier says he’s launching a class action against Bell Mobility, his mobile service provider of 10 years.
Why?
He’s angry that as of August 8, Bell intends to charge 15 cents per incoming message to customers who don’t pay a monthly fee for text messaging.
And Bell is once again bandying a 5% statistic as the reason.
“According to Cormier’s lawyers, the fundamental issue is defending customers’ rights when powerful corporations decide to change the rules,” says the Montreal Gazette.
“What we’re trying to get the court to say is that for the duration of a contract … the telephone company should not be able to unilaterally modify the conditions of the contract,” it has Cormier’s lawyer, Noël Saint-Pierre, saying.
The only recourse for customers is to cancel their contracts, he notes, “explaining that the penalty for cancelling can add up to hundreds of dollars”.
“This 15-cent charge is impacting about five per cent of the messages going through our network,” says Bell Canada spokesman Jacques Bouchard in the Gazette story.
Bell Canada is currently in the middle of a huge online storm because it’s decided to unilaterally throttle its Sympatico Net accounts, blaming the action on 5% of its customers who are P2P users.
Saint-Pierre’s firm is also handling a class action filed July 14 against Telus, whose customers will start paying for incoming messages on Aug ust 24, says the story, adding:
“The principles of the lawsuits apply to customers across Canada, but Saint-Pierre said Quebec Superior Court will decide who is eligible to join. Cormier is suing to be reimbursed for the amount he would have to pay as a result of the new charges, in addition to $10 for inconvenience and $50 in punitive damages.”
(Thanks, Luvie)
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.Stumble It!
Montreal Gazette – Bell Mobility customer sues over text fees, July 29, 2008
unilaterally throttle -p2pnet file sharing digest, April 19, 2008
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July 29th, 2008 at 2:16 pm
I’d like to join him… where do I sign up?
July 29th, 2008 at 7:18 pm
All the major cell providers have a clause in the terms of service stating that they can change the rate with 30 days notice. I dont think they ever change the rate plan they just change the added features. Im with telus and in the middle of a 3 year contract and they recently upped call id and vocemail from 5 to $6 each.
http://www.bell.ca/support/PrsCSrvWls_Bill_ServiceAgreement.page
“3. Pricing and Adjustments.
We will not increase your basic monthly voice plan charge or out-of-bundle airtime charge during any Committed Service Period, as long as you remain qualified to receive your chosen plan and Services throughout the Committed Service Period. If you no longer qualify to receive a plan or the Services at the fees offered to you (for example, a corporate plan or employee plan, due for instance to termination of employment or termination of a corporate agreement) then Bell may transfer you to a comparable Service and plan, at the appropriate fees and charges for which you then qualify, and you accept same. During the Term we may increase other fees (including the System Access Fee), and charge additional fees, after giving you 30 days advance notice. Any promotional and upgrade offers are offered at our discretion for limited periods of time.”
http://www.telusmobility.com/about/mike_pcs_pt_policy.shtml
18.
Changes
These service terms (including any rates and charges) may be changed unilaterally by TELUS from time to time on at least thirty (30) days’ notice to you, and such changes shall become effective once you use the service after such thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes.
https://your.rogers.com/about/legaldisclaimer/TOS_Eng.pdf
July 30th, 2008 at 11:40 am
I hate these non negotiable contracts.
You want a phone, ok sign here saying you’ll guarentee us our profit (you must pay if you want out of the contract) and that we can change the rates we charge you. Yes i states (as can be seen above) that they will not change the “base” rate (well at least bell’s appears to say that), but I argue that the cost of all services should not ba allowed to change for the duration of the contract.