Latest Developments
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Court approval for this settlement has been recently obtained.
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Hearings took place in Ontario on April 22, 2004 and in
Quebec on May 4, 2004.
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Final Judgments of Approval were issued May 10, 2004.
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The Defendant will/has published notice of the settlement
in newspapers during the week of May 31, 2004.
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The Defendant will insert notice of the settlement in phone
bills during the June, 2004 billing cycle. It is estimated that 7,000,000 notices
will be sent to customers through phone bill inserts.
Overview of Settlement
REIMBURSEMENT PROGRAM
OVER 800 MINUTES OF LONG DISTANCE CALLS
- All Class Members who are, as at the Date of Distribution, Bell Canada Customers
and who were charged Long Distance Charges as a result of making over 800 minutes
of long distance telephone calls per month in the 60 days following the Billing
Date in which Bell Canada provided to the Class Member a Notice of Rate Change,
shall be directly reimbursed by Bell Canada within 60 days of the Date of Distribution
all such charges incurred in those 60 days which would not have been incurred
but for implementation of the Rate Change, less Class Counsel fees as provided
for in the Agreement;
- All Class Members who are not, as at the Date of Distribution, Bell Canada
Customers, who were charged long distance charges as a result of making over
800 minutes of long distance telephone calls per month in the 60 days following
the Billing date in which Bell Canada provided to the Class Member a Notice of
Rate Change shall receive from Bell Canada a pre-paid long distance calling card
for a credit amount as described in Appendix B to the Agreement following the
Reimbursement Procedure;
6:00 A.M. TO 8:00 A.M. CALL WINDOW
- All Class Members who are, as at the Date of Distribution, Bell Canada Customers
and who were charged long distance charges for long distance telephone calls
made between 6:00 a.m. and 8:00 a.m. for the period of November 14, 2000 to January
14, 2001 shall be directly reimbursed by Bell Canada within 60 days of the Date
of Distribution, all such charges which would not have been incurred but for
implementation of the Rate Change, less Class Counsel fees as provided for in
the Agreement;
- All Class Members who are not, as at the Date of Distribution, Bell Canada
Customers, who were charged long distance charges as a result of making calls
between 6:00 a.m. and 8:00 a.m. for the period of November 14, 2000 to January
14, 2001 shall receive from Bell Canada a pre-paid long distance calling card
for a credit amount as described in Appendix B following the Reimbursement Procedure
set out in Appendix B;
Bell Canada is required to publish notice
of the settlement and Court Approval in newspapers across the Country and will
also provide notice of the settlement
to Bell Canada customers via enclosure of a notice with customer telephone bills.
Notice is required to be published by no later than June 19, 2004.
Notice in telephone bills will occur no later than July 9,2004.
Click
Here to Read the Judgment of Crane, J. dated May 10, 2004
Click Here to Read the Schedule "A" Settlement Agreement
Click
Here to Read the Claim Form
Click Here to Read the Opt Out Form
Overview of Claim
A Statement of Claim was issued in the Ontario
Superior Court of Justice on April 4, 2002.
The Statement of Claim names BCE Inc. and Bell Canada Inc. as Defendants.
It is alleged that Bell Canada’s First Rate long distance savings plan
was sold to subscribers on the basis that subscribers could make an unlimited
number of long distance calls to locations in Canada between 6:00 p.m. and 8:00
a.m., Monday to Friday and anytime on weekends, for a maximum charge of $20.00
per month.
The plan was promoted as ideal for customers who make telephone calls to
locations in Canada in the evenings or on weekends.
It is alleged that in or about September/October, 2000, Bell Canada unilaterally
altered the terms of the First Rate plan without proper, reasonable or sufficient
notice to customers.
Specifically, the previously unlimited number of long distance calls to locations
in Canada was capped at 800 minutes of long distance calling time per month with
any excess time over 800 minutes being charged thereafter at $0.10 per minute.
In addition, the call window of 6:00 p.m. to 8:00 a.m. was changed to 6:00 p.m.
to 6:00 a.m., a reduction in the call window of two hours of peak time.
The claim alleges that Bell Canada provided insufficient, inconsistent, deficient
and misleading notices to subscribers in respect of the unilateral changes.
The claim requests that Bell Canada reimburse to customers all amounts paid at
rates in excess of those that applied under the First Rate plan as advertised
and subscribed for.
Despite complaints from customers, Bell Canada has demonstrated a cavalier,
arbitrary and inconsistent approach in dealing with complaints of customers in
respect of the changes to the plan and the excess charges levied.
We are compiling a database of individuals who subscribed to the First Rate
savings plan and may be affected by the billing changes.
If you have not contacted us, we would appreciate hearing from you as it may
assist us in pursuing this claim.
You may contact us by e-mail, telephone, mail, courier, fax, etc.
Statement of Claim
Click Here to
Read the Statement of Claim
Newspaper Articles
Click
Here to Read the Hamilton Spectator Street Beat article by Paul Wilson
Click Here to Read the Toronto Star article of June 10 2004
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