THE BELL CANADA FIRST RATE CLASS ACTION SETTLEMENT IS FULLY COMPLETE AND OUR FILE IN THAT REGARD IS CLOSED.
IF YOU HAVE AN OUTSTANDING INQUIRY OR ISSUE WITH RESPECT TO THIS CLASS ACTION, YOU OUGHT TO FOLLOW-UP WITH BELL CANADA DIRECTLY IN THAT REGARD.
BY REVIEWING THE INFORMATION BELOW, YOU CAN OBTAIN A BASIC UNDERSTANDING AND REFRESHER IN RESPECT OF THE STRUCTURE AND OUTLINE OF THE SETTLEMENT. A REVIEW OF THAT INFORMATION MIGHT ANSWER YOUR INQUIRY.
IF NOT, YOU MUST AS INDICATED, FOLLOW-UP WITH BELL CANADA IN RESPECT OF SPECIFIC QUESTIONS RELATING TO THIS CLASS ACTION SETTLEMENT.
Latest Developments
- Court approval for this settlement has been recently obtained.
- Hearings took place in Ontario on April 22, 2004 and in Quebec on May 4, 2004.
- Final Judgments of Approval were issued May 10, 2004.
- The Defendant will/has published notice of the settlement in newspapers during the week of May 31, 2004.
- 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.
Judgment of Crane, J. dated May 10, 2004
Schedule “A” Settlement Agreement
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
Newspaper Articles
Hamilton Spectator Street Beat article by Paul Wilson
Toronto Star article of June 10 2004
Contact Us
If you would like more information regarding this claim or wish to be added to our database of claimants, you may e-mail us at: cyates@shlaw.ca.
You can contact us directly by telephone at Scarfone Hawkins LLP
at 905-523-1333.
You can contact us by fax at 905-523-5878.
Due to the volume of inquiries, please allow one week for a response
