Slashdot Mirror


Massive Canadian Class-Action Cellphone Suit Is Approved

BeanBunny writes "A Saskatchewan, Canada court has ruled that a $12 billion class-action suit can proceed. The suit alleges that 'system access fees' that the cellphone companies have charged ($7-9 per month) are unfair and constitute price gouging. 'It is described as the largest class-action in Canadian history, potentially affecting every cellphone user in the country. Currently, there are 7,500 complainants signed onto the suit.'"

41 of 242 comments (clear)

  1. Classic Bait & Switch by ivormi · · Score: 5, Insightful

    This is classic bait and switch tactics... Advertise one price, and then hit the customers with another. Their only real justification is that 'everyone else is doing it' and that not doing so would put them out of business. Its about time something like this came along.

    1. Re:Classic Bait & Switch by Scrameustache · · Score: 4, Informative

      This is classic bait and switch tactics...

      Advertise one price, and then hit the customers with another. Their only real justification is that 'everyone else is doing it' and that not doing so would put them out of business. Its about time something like this came along. There's one company that doesn't have additional fees, and it's part of their sales pitch.
      I don't like to do free publicity, so I'll just say that company hasn't been deflowered nudge, nudge, wink wink, say no more.
      --

      You can't take the sky from me...

    2. Re:Classic Bait & Switch by Jason1729 · · Score: 2, Interesting

      Why should I have to do that? I want to view the content as intended. And if the intended way annoys me, I'll take my business elsewhere.

    3. Re:Classic Bait & Switch by GeckoX · · Score: 2, Informative

      Bell is the worst of the lot. And the system access fee is just ONE of the fees Bell throws at you.

      Try getting any bell services without paying for a landline. Go ahead...try...I'll wait. Want DSL from Bell without paying for a landline? Yeah, that'll be $20 per month, and THEN they'll let you pay for DSL on top of that.

      Not one other phone company that offers DSL does that. I cut my landline off a year ago, and they refused to truly drop it, wouldn't let me. So I cut them off completely. Called up Execulink, had their DSL installed within 12 hours...over the SAME LINE, with no actual phone service over the line whatsoever...Plus their DSL fees were cheaper to boot.

      Bell is big and dumb. Rogers is only a wee bit better...they used to be much better in a lot of ways, but they keep changing to do things the way Bell does...Well, Bell charges for it, so we should too.

      All I can say about this suit is...sign me up!!!

      --
      No Comment.
  2. Re:Just because I have to by Adam+Schumacher · · Score: 5, Informative

    You know, that would've been a lot more topical back when we weren't so close to parity.

  3. no-win by tomstdenis · · Score: 5, Insightful

    Assuming the lawsuit is successful, they'll just roll the $7 fee into the base price for ALL of their plans. So my $20/mo plan will become a $26.95/mo plan. Big whoop.

    Wake me up when they stop charging $0.10 per SMS, or $0.05 per KB. I mean why is it they can afford me calling my friends after 6pm which uses roughly 9.6kbit/sec for FREE (well unlimited), but I can't send a 200 byte SMS without incurring a 10 cent charge no matter the time of day.

    Cell phones are basically a license to print money. And since Rogers and Bell are basically monopolies they can charge [and do] whatever they want. If you look at Rogers previous earnings reports, the wireless division has been making tons of profit for a long time. So strictly speaking the high fees are NOT required to stay in business, they're just fucking greedy.

    --
    Someday, I'll have a real sig.
    1. Re:no-win by MightyMartian · · Score: 4, Funny

      Doncha know, this is what they call the miracle of an unregulated market? Why, you should be thanking Gawd Almighty that you're allowed to pay money to cell phone companies. To complain is Communistic.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    2. Re:no-win by whoever57 · · Score: 4, Insightful

      Assuming the lawsuit is successful, they'll just roll the $7 fee into the base price for ALL of their plans. So my $20/mo plan will become a $26.95/mo plan. Big whoop.
      Maybe they will roll it in, maybe not. Thee is clearly an advantage in deceiving their customers, or they would not do it. If the current monthly cost is (for example) $30 (plus a fee of $7), how many fewer will sign up if the service is priced at $37/month? Clearly some will not sign up. Perhaps the companies will find it advantageous to charge something between $30 and $37/month.

      In any case, I wonder how those 2 year contract (if that is typical in Canada like it is in the US) might come back to bite the providers if they have to keep providing service for the remainder of the contract, but MINUS the "access fees"?
      --
      The real "Libtards" are the Libertarians!
    3. Re:no-win by gstoddart · · Score: 2, Interesting

      My personal favorite absurd line-item in your phone bill has always been the small fee they charge you for the privelege of touch-tone dialing.

      You couldn't opt out of it if you wanted, and the phone hardware is designed to work with those tones. It's not like they've got those big mechanical things that used to physically move in response to the numbers you dialed.

      Really, what justification to charge for the ability to dial the phone with touchtones can there possibly still be? These little items are absolutely about gathering money by the bucket load.

      Cheers

      --
      Lost at C:>. Found at C.
    4. Re:no-win by nahpets77 · · Score: 2, Insightful

      What about long distance? Why do they still charge long distance rates in this day and age where you can access sites anywhere in the world via internet? They also these weird rules like if you're roaming in another city, and someone local calls you, you pay long distance. But, if you call them, you don't because you'd be calling the same area code. How can long distance be charged depending on who intiates the call, even though you're physically in the same location in both scenarios. In any event, cell plans in Canada suck and are expensive for nothing. I even have to pay an extra $5 dollars with Rogers to get call display, a feature I got with my first cell plan years ago for free.

    5. Re:no-win by pthor1231 · · Score: 2, Informative

      They would probably just change the contract, which they are allowed to do, and then the consumers, if they are savvy. Problem is, most consumers don't: 1) thoroughly read everything that comes in their monthly bill 2) realize that the phone companies can change the contract at will 3) realize that the consumer can void the contract if the change has an adverse effect on them

    6. Re:no-win by kidcharles · · Score: 3, Interesting

      SMS is a different protocol which requires a different infrastructure. The prices are high, but it's not just as easy as normal data transfer. I've heard about this, but in my opinion, bandwidth is bandwidth. If a wireless provider is sending two signals, one of which has a throughput that is thousands of times the data rate of the other signal, yet the signal with the smaller amount of data costs them thousands of times more than the larger signal to send, they are doing something really wrong. Of course the thing that is really wrong about text messaging is not the technical implementation but the pricing, for which there is simply no excuse. It's price gouging, pure and simple, and the US providers are collectively guilty of it.
      --
      Ceci n'est pas une sig.
    7. Re:no-win by athakur999 · · Score: 4, Interesting

      That is BS. In GSM/UMTS networks at least, SMS messages are sent through the network via the MAP protocol and between the switch and mobile via DTAP. DTAP is required for any kind of mobile interaction and a provider must already have a MAP infrastructure in place to be able to handle practically any type of call.

      The only additional piece of equipment required to handle SMS in a network is a SMS service center. All this is a database to receive SMS messages from an originating mobile and then send them back out to terminating mobile.

      Using up bearer channels in their network for voice or data calls costs providers (both in dollars and in availability) far more than the simple signalling that SMS uses. There is no financial reason why a provider can provide unlimited voice calls but must charge $0.15 for an SMS message.

      --
      "People that quote themselves in their signatures bother me" - athakur999
    8. Re:no-win by That's+Unpossible! · · Score: 2, Insightful

      strictly speaking the high fees are NOT required to stay in business, they're just fucking greedy

      No shit.

      Everyone is greedy -- you, me, the companes -- that's how markets work. You're "greedy" in that you don't want to spend much money. Businesses are "greedy" in that they want to keep their prices as high as possible. A group of you get together and the optimum price point is reached, balancing resources, competition, supply and demand.

      Only when governments get involved do things get royally fucked up.

      "But, but but what about monopolies??" is the next sentence out of your mouth.

      Monopolies that are not maintained by the government are eventually eroded by market forces.

      "But why shouldn't we use the power of government to erode all monopolies prematurely?"

      This is a difficult question, but what it comes down to is ... freedom. Every power you give to the government erodes your freedom, and they aren't giving that power back, ever. Choose wisely.

      --
      Ironically, the word ironically is often used incorrectly.
    9. Re:no-win by Kineticabstract · · Score: 2, Insightful

      That's a very pat answer - and a typical reply for those who worship at the altar of "free market". In your world, this is a simple supply/demand equation, and the answer is very black and white.

      The problem is, there's a huge difference between "reasonable pricing" and "too high, but I have to pay it if I want the service". One is fair, the other is borderline extortion. Ask my cable provider about that one. I can choose to not have any cable, or I can choose to pay too much. My choice. I grant you that it's a luxury rather than a necessity. After all, I could choose to live in my car to save on rent, or walk four hours to get to work rather than pay my car payment. Life is a continual, delicate balance between what we want and what we need, and it's all just a matter of prioritizing.

      The issue with the cell phone providers is this: While I can choose a different provider and pick the cheapest plan I can find, in my opinion ALL of the available plans are over-priced. I go with the cheapest plan that I can while still having what I'd call a reasonable service. Still, it takes a large chunk out of my take home pay. They're walking that fine line of charging me enough to make obscene profits, while not charging so much that I simply can't squeeze the money out of my paycheck. Another fine example of corporate America doing what it can to keep the shareholders and CEOs happy at the expense of the average worker. It's called greed, and greed is what makes your lovely little free market work so well--at least for those who sit at the top of it.

      In the supply/demand equation, price should go down if supply goes up. For the cell phone companies, supply simply isn't an issue. Demand only comes into play at the bottom line. The old formulas don't apply here.

  4. So many charges... by danomac · · Score: 2, Informative

    I've always wondered about that fee. I remember when I first got a cell phone eons ago, when I signed up for a plan and the first bill did not jive with the plan. I didn't remember paying a large fee for my landline so I phoned them and got quite upset at first. After that I noticed that the sales reps tell you there is an "access charge" which by now shouldn't need to exist.

    It is also interesting that Bell raised their fees. Good thing I don't use them as my cell phone carrier.

  5. Re:Just because I have to by nahpets77 · · Score: 2, Informative
  6. Re:Just because I have to by king-manic · · Score: 4, Insightful

    So thats what... $5, $6 American?

    Currently just a few cents under parity. Wait a year and you may be looking at 1.25 greenbacks per loonie. As the trend has gone that way. We went from ~0.69 greenbacks per loonies to 0.98 greenbacks per loonie.

    --
    "There are more things in heaven and earth, Horatio, than are dreamt of in your philosophy."
  7. Sask. Only? by Wolvie+MkM · · Score: 2, Interesting

    Don't suppose this is a Canada wide lawsuit? And if so how do I get in on it?

    I've been with Clearnet/Telus for nearly 10 years and apparently been handing free money to them... Good Times...

    --
    I Like Pie...
  8. Re:Worthwhile Canadian Lawsuit by Wolvie+MkM · · Score: 4, Funny

    (picture an over-taxed Canuck getting his green card and exclaiming "I'm free, I'm free!")

    ... then was abruptly shot when his excitement startled a gun-toting American ;)
    --
    I Like Pie...
  9. Re:Just because I have to by trolltalk.com · · Score: 4, Insightful

    > Yep, and Canadian products will become more "expensive" to Americans (therefore, less goods are sold). Additionally, US products will become cheaper for Canadians (therefore, more of our goods get sold to you)....

    You seem to forget, we're your #1 supplier of petroleum products. You really don't have a choice if we raise prices to match domestic prices, since we supply the equivalent of 1 Katrina of oil, and there isn't enough slack in the world, never mind enough oil tankers, to make up the difference.

    You *could* stop using up so much of it, which is what will probably happen as people stop over-spending and are unable to borrow against their home's declining values.

  10. Re:Worthwhile Canadian Lawsuit by Jason1729 · · Score: 2, Funny

    I see you voted for Bush.

  11. Re:Not "Gouging" for a Wii either by NFN_NLN · · Score: 3, Funny

    ""Price Gouging" is for life-essentials - like food, water, shelter. A cellphone plan isn't a life essential."

    I agree. When I was selling Nintendo Wiis during Xmas for $450 people kept saying I was a price gouging sack of $%@*. Now I know it's not true :). Thanks for clearing that up.

  12. Normally I hate mass tort law. by Jason1729 · · Score: 2

    Since it screws over the customers worse than the companies just to make the lawyers rich.

    But in this case, these ripoff fees have been bugging me for 10 years, so I'm all for this on. If they roll in the fees with the normal rates, good, that's how they should do it.

  13. Re:Wrong! by Jason1729 · · Score: 4, Informative

    I remember when I got my first cell phone around 1996, Clearnet at the time (now Telus), made it very, very clear that this was a government regulatory fee.

  14. Doesn't Necessarily Affect Everyone by Jucius+Maximus · · Score: 2, Informative

    I'm on prepaid, only paying $10/mth+tax and nothing else. That's one of the reasons I picked prepaid to begin with; No system access fee, at least in Canada on Telus.

  15. Re:Too bad it's Tony Merchant running it... by XiticiX · · Score: 2, Funny

    12bil / 7500 = $1,600,000. minus lawyer fees.

    --
    All is prevelant in the world...
  16. To sign up... by ameline · · Score: 5, Informative

    If you are Canadian, and have a canadian cell phone, Go to http://www.merchantlaw.com/cellular.html to sign up...

    --
    Ian Ameline
  17. What is happening? by WwWonka · · Score: 2, Interesting

    Seriously? This country and corporations(as well as you Canadians up 'der") have found fit to nickel and dime the lazy into millions and billions of extra dollars in hidden fees, surcharges, and taxes.

    It's interesting to see this in almost EVERY major bill of everyday American usage. Phone, cable, electric, gas. It truly is out of control and it's a pleasant surprise to see the Canadians take charge. Now if us Americans would understand that the phone companies here are doing the same PLUS charging us for for fractions of extra minutes based on getting their own operator telling us "if you would like to leave a message press one, if you would like to page this person, press 2. If not please leave your message after the tone." 15 seconds of extra money for them after every phone call not answered. I bet that adds up to a few extra "crack" millions a year.

  18. Re:Just because I have to by Dragon+of+the+Pants · · Score: 5, Insightful

    1.00 CAD = 0.985699 USD Not even 1 and a half cents difference per dollar. And the way things are going, we'll be the ones making fun of the American dollar soon enough.

  19. Re:Price control by gurps_npc · · Score: 4, Insightful
    Your comment is not interesting, despite what someone tagged it. It is instead an off topic comment that tries to change the focus from the real wrong to greed.

    Price gouging is not illegal except in certain circumstnaces. I.E. It is price gouging only if there is some kind of emergency going on.

    Same for predatory pricing. To be predatory pricing it must be an attempt to remove a smaller competitor and the bigger company must be taking a LOSS on the price.

    Price fixing only occures when an actual agreement occures not to compete on price. ---------------- But all of that is crap, because the lawsuit is NOT about the price Yeah, the consumers want the lower price, but that is not what the legal action is about at all. This particular case should really be called false advertising. They advertise one price and then really charge you a higher one. That is wrong ALL the time. No if's, no and's, no buts.

    --
    excitingthingstodo.blogspot.com
  20. Deceptive. by ACMENEWSLLC · · Score: 2, Informative

    It's deceptive. If I sign up for a $49/mo plan and incur no extra expenses (MMS, minutes, downloads) then why is my bill $63/mo give or take a few bucks? Why does it vary when I never have extra charges?

    If the plan costs $63/mo then advertise it as that. Not $49/mo.

    And then all these "free phone" deals. I keep asking them for that free phone, but they won't give it to me without money. The sign says "free phone." and it doesn't have an *. If it says free, then why can't I have it free?

    I have a free phone you can have, just sign here. What did you sign? A contract for a variable monthly fee service which I can change the fee structure at any time and an agreement to pay $300 if you cancel. I reserve the right to increase your fee's at any time. And I can add $20 worth of monthly fee's if I feel like it with no recourse on your side.

    Sucks. But they all do it.

  21. Not for existing customers by phorm · · Score: 2, Informative

    Not for customers who already have $XX price for a plan. The price of the plan is fixed (unless you switch to a new plan), and would be grandfathered in with the contract, etc.

    My captcha is parasite... how nice and fitting for a comment on a cellphone-related article

  22. Re:no-win (for us) by Black+Copter+Control · · Score: 2, Insightful

    There is no financial reason why a provider can provide unlimited voice calls but must charge $0.15 for an SMS message. Yes, there is --- Profit!
    --
    OS Software is like love: The best way to make it grow is to give it away.
  23. GOOD by hurfy · · Score: 2, Interesting

    "Assuming the lawsuit is successful, they'll just roll the $7 fee into the base price for ALL of their plans. So my $20/mo plan will become a $26.95/mo plan. Big whoop."

    That is the idea yes.

    Did you get the plan on price? You would not know your $20 plan costs more than my $25 plan until you sign on for a year or two!

    I am trying to compare phone companies for work. It is impossible to know how much it will cost without signing up. Land or cell :(

    Is $25.00 per month and $.07 per minute better or worse than $15.00 per month and $.08 per minute? No matter how much math you throw at it you can't tell because they tack on too many fake fees mixed in the real taxes. XO adds a minimum of 10% on the the bottom of the bill up to 24% if your a little guy :/ The other company seems to charge more in sales tax than i can find taxable plus several questionable 'fees'. Repeat for multiple techniques for each company :(

    PS: so far XO is the worst on under-the-line fees plus they flat-out lied to me when asked about one.

  24. Re:Wrong! by SleepyHappyDoc · · Score: 2, Interesting

    At that time, it was. The point of the suit is that it isn't anymore, and yet the companies are still saying it is, and using that lie to justify charging it.

    --
    Stasis is death. Embrace change.
  25. Re:Wrong! by acdc_rules · · Score: 5, Informative

    Finally, it took a while to find a post like this, but this is the actual reason for the suit. I am one of the plaintiffs listed in the certification document and a few years ago i was called to a discovery meeting in toronto. i am happy to see this suit finally moving along. the $6.95 was described as a government lic. fee. it is not. the money all goes into the same pot as the other money they collect. they also have a witness from one of the cell phone co.s who was an employee and was told to mislead customers in the description of the so-called service fee. of course, the whole plan was to show a lower entry price.

  26. Re:Just because I have to by pnewhook · · Score: 2, Insightful

    Over the last 8 years it's lost about 30%-50% of it's relative value against other western currencies. It happens to coincide with a strong Canadian economy which leads to the 50% gain the loonie has had over the greenback in the last year.

    8 years also happens to coincide with GW Bush presidency. But spending $200 million PER DAY on a war couldn't possibly have any effect on the economy now could it..

    --
    Tesla was a genius. Edison however was a overrated hack who liked to torture puppies.
  27. Re:no-win (for us) by dgatwood · · Score: 2, Insightful

    Now whose fault is that? The phone companies. We're going to all charge each other money for these connections that don't really cost us anything. That way, we can charge our customers to "cover our costs". It's brilliant.

    A rip-off is a rip-off whether it is perpetrated by a single company acting alone or by the whole lot of the slimy dirtbags.

    --

    Check out my sci-fi/humor trilogy at PatriotsBooks.

  28. Re:Just because I have to by trolltalk.com · · Score: 2, Informative

    "> You sell us oil? You're joking right?

    > We sell *you* you're oil ... and beef ... and lumber ... Canada does oil swaps with the US. Rather than the US moving oil from the east coast to the west coast, and Canada moving oil from Alberta to the east coase, Canada sends some oil to the US west and central states, and "swaps" it with oil the us imports from the middle east and venezuela that is sent up to estern Canada.

    However, the net balance i petroleum products is definitely in our (Canada's) favour, and there is not enough tanker capacity to make up for it if almost any country stops shipping, or unilaterally raises the price. Canada, Mexico, and Venezuela could form NorAmPEC, charge a $100/bbl "environmental tax", and there isn't enough capacity to replace it. Even with the resulting lower demand, NorAmPEC would still come out ahead, money-wise, especially since OPEC would probably jump in.

  29. Re:Too bad it's Tony Merchant running it... by Trillan · · Score: 2, Interesting

    I'm sure I'll never see a penny, but I signed up anyway just because I hope it will exert some pressure on the companies to be more honest. This isn't something they stopped doing years ago -- it's something they still do today.