This is a proposed class action filed by the Applicant Stephanie J. Benabu against 25 Defendants, including Netflix, Spotify and Rogers, for what the Applicant alleges to be a violation of section 230 c) of the Consumer Protection Act which prohibits merchants from requiring a consumer who is offered a service or product at a reduced price or free of charge for a period of time to send a notice indicating that he/she does not wish to be provided the service at the regular price. The Defendants targeted by the proposed class action offer services in different types of industries, including banking, telecommunications and streaming services. The Applicant is seeking authorization to be appointed representative plaintiff on behalf of every consumer who, since July 4th, 2013, was provided services or goods at a reduced price or free of charge for a fixed period by any of the Defendants and was required, after the fixed period, to send a notice indicating that he/she did not wish to obtain the services or goods at the regular price. Fasken represents Netflix, Spotify and Rogers for their defence against the proposed class action at the certification stage and, if the class action is certified, at trial and for all interim matters leading up to the trial. The Superior Court will hear the preliminary motions of the Defendants for authorization to examine the Applicant and to submit relevant evidence before the hearing on the certification of the proposed class action.
A Fasken team composed of André Durocher, Noah Boudreau and Nicolas-Karl Perrault represented Netflix, Spotify and Rogers for their defence against the proposed class action.