Late fees of 42.58% charged by ROGERS and FIDO
The Cause
This class action seeks to compensate customers of Rogers and Fido who, since March 1, 2019, have paid late fees at an annual interest rate of 42.58%, representing a monthly rate of 3% compounded daily, on outstanding amounts still due at the end of the billing cycle.
The plaintiff seeks to obtain an order against the defendant to reduce its interest rate from 42.58% to 15% and repair the damages this practice has caused to its customers. The plaintiff is also claiming punitive damages against Rogers and its Fido brand in view of the abusive nature of the interest rate charged to customers, in violation of the Consumer Protection Act.
Latests news
On November 20, 2023, Justice Sylvain Lussier of the Superior Court authorized a modification to the class definition to change its closing date from March 13, 2021, to the trial opening date. You can read the judgment here.
On January 18, 2021, Justice Sylvain Lussier of the Superior Court authorized the institution of this class action for Quebec customers to whom late payment fees of 42.58% were charged by Rogers and Fido, more specifically for customers whose service contract was governed by the following terms and conditions:
-Rogers Terms of Service and Other Important Information;
-Rogers Small Business Terms of Service and Other Important Information;
-Fido Terms of Service.
-Fido Payment Program Agreement;
-Rogers Accessories Financing Agreement; or
-Rogers Device Financing Agreement.
On December 7, 2021, Ms. Negar Haghighat filed an application to replace the former Class Member Representative. On April 21, 2022, the Court authorized this replacement.
This authorization means that Negar Haghighat and her lawyers can represent all class members.
You can read the authorization judgment by clicking here and the notice to members by clicking here.
Are you a member?
You are a member of this class action if you meet all of the following criteria:
1. You have been or are currently a customer of ROGERS or FIDO;
2. Your service contract was governed by the following terms and conditions:
– Rogers Terms of Service and Other Important Information;
– Rogers Small Business Terms of Service and Other Important Information;
– Fido Terms of Service;
– Fido Payment Program Agreement;
– Rogers Accessories Financing Agreement; or
– Rogers Device Financing Agreement.
3. You paid late payment fees at the annual rate of 42.58% between March 1, 2019, and the trial opening date ; and
4. You were residing in Quebec when you paid these late fees.
5. Your contract does not contain a mandatory arbitration clause or, if it does, you have contracted as a consumer.
Members are represented by TJL in collaboration with the law firm Paquette Gadler.