18 Jun ROGERS / FIDO – International MMS Rates – National Class Action
Date of Initial Application: July 18, 2011
LEX GROUP Inc. has launched a national class action on behalf of all Canadian wireless customers of ROGERS (Rogers Communications Inc. and Rogers Communication S.E.N.C.) and FIDO (Fido Solutions Inc.), concerning the unilateral increase to the rates payable for video and picture messages (also known as “MMS”) sent from Canada to an international destination. More specifically, in June or July 2011, Rogers and Fido wireless customers were informed, by way of a notice included in their monthly statement, that as of August 15, 2011, the rates for international MMS’s sent from Canada to an international destination would be increased from FREE to $0.75 per MMS recipients for certain class members (which is case of the Petitioner in our case) or from $0.50 to $0.75 per MMS recipient for other members of the class. These clients were not given the option of cancelling their closed-term contract without paying the applicable penalties.
By Judgment dated July 27, 2012, the Honorable Justice Benoît Emery of the Superior Court of Quebec authorized the Class Action only on behalf of Rogers clients residing in the province of Quebec, and on January 22, 2015, the Court of Appeal of Quebec included Fido clients residing in the province of Quebec as well, authorizing the class action on behalf of the following group:
« Tous les clients de téléphonie sans fil de Rogers Communications inc. et Rogers Communications s.e.n.c. ou de Fido résidant au Québec, ayant un contrat à durée déterminée en vigueur au moment où ils ont reçu l’avis concernant les nouveaux tarifs s’appliquant aux messages photo ou vidéo (MMS) envoyés du Canada et aux États-Unis ou vers une autre destination internationale, et qui était toujours en vigueur en date du 15 août 2011. »
If you or someone you know had a wireless closed-term contract with either Rogers or Fido on and after August 15, 2011, you may be entitled to compensation should the case be successful in the future by way of final Judgment or settlement approved by the Court.
Please fill out the form below in order to be kept informed of the progress of this case.
If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below. Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys). You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court. Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm. We will not inform you or other members of the public if and when the group definition is changed. It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings. You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court. By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests. If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website. The Court will determine the manner and extent of any future notifications to class members.
Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion). Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.
Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience. However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail. We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail. You should therefore consult these documents as well as consult this website periodically in order to be kept informed.