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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.'"

17 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: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 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.
    4. 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
  4. 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."
  5. 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...
  6. 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.

  7. 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.

  8. 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.

  9. 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
  10. 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.

  11. 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
  12. 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.