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Consumer Protection - Ontario, Canada

Bristol

By Bristol
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Bristol

Bristol

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Posted

I have used the services of my Ministry of Government and Consumer Services in a dispute where a major automotive company had implemented a policy contrary to the Unfair Practices section of my province's Consumer Protection Act. After involving said government agency, the automaker mysteriously reversed its position on the subject of my complaint and the charge disappeared from my bill.

 

I have taken the time to highlight 2 "examples" clearly laid out in the Act that may apply: the first as a "False, misleading or deceptive representation" and the second as an "Unconscionable representation".

 

The Ministry of Government and Consumer Services has an online form to submit your complaint here: http://www.sse.gov.on.ca/mcs/en/pages/contact.aspx or by calling: 416-326-8800 or 1-800-889-9768

 

Here in Ontario, the Consumer Protection Act, 2002 states:

 

PART III - UNFAIR PRACTICES

 

False, misleading or deceptive representation

 

14. (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 2002, c. 30, Sched. A, s. 14 (1).

 

Examples of false, misleading or deceptive representations

(2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations:

  1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have.
  2. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have.
  3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not.
  4. A representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, but the reasonable use of goods to enable the person to service, prepare, test and deliver the goods does not result in the goods being deemed to be used for the purposes of this paragraph.
  5. A representation that the goods have been used to an extent that is materially different from the fact.
  6. A representation that the goods or services are available for a reason that does not exist.
  7. A representation that the goods or services have been supplied in accordance with a previous representation, if they have not.
  8. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed.
  9. A representation that the goods or services or any part of them will be available or can be delivered or performed by a specified time when the person making the representation knows or ought to know they will not be available or cannot be delivered or performed by the specified time.
  10. A representation that a service, part, replacement or repair is needed or advisable, if it is not.
  11. A representation that a specific price advantage exists, if it does not.
  12. A representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the agreement.
  13. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive.
  14. A representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive.
  15. A representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer.
  16. A representation that misrepresents the purpose of any charge or proposed charge.
  17. A representation that misrepresents or exaggerates the benefits that are likely to flow to a consumer if the consumer helps a person obtain new or potential customers. 2002, c. 30, Sched. A, s. 14 (2).

 

Unconscionable representation

 

15. (1) It is an unfair practice to make an unconscionable representation. 2002, c. 30, Sched. A, s. 15 (1).

Same

(2) Without limiting the generality of what may be taken into account in determining whether a representation is unconscionable, there may be taken into account that the person making the representation or the person’s employer or principal knows or ought to know,

  1. that the consumer is not reasonably able to protect his or her interests because of disability, ignorance, illiteracy, inability to understand the language of an agreement or similar factors;
  2. that the price grossly exceeds the price at which similar goods or services are readily available to like consumers;
  3. that the consumer is unable to receive a substantial benefit from the subject-matter of the representation;
  4. that there is no reasonable probability of payment of the obligation in full by the consumer;
  5. that the consumer transaction is excessively one-sided in favour of someone other than the consumer;
  6. that the terms of the consumer transaction are so adverse to the consumer as to be inequitable;
  7. that a statement of opinion is misleading and the consumer is likely to rely on it to his or her detriment; or
  8. that the consumer is being subjected to undue pressure to enter into a consumer transaction. 2002, c. 30, Sched. A, s. 15 (2).

 

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Bristol

Bristol

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Posted (edited)
apparently you too missed the "we are going to take a look at it and make changes accordingly" part.

 

I submit that they clearly stated that the changes were specifically referring to Jawa Junk.

 

Hey folks,

 

We know that there have been many questions about the Contraband Slot Machine and its intent. Here are a few notes on it:

  • The Contraband Slot Machine is not bugged.
  • It is 100% not an exploit to use the Slot Machine.
  • If you feel the desire to sell access to your Stronghold, that’s totally up to you. As a reminder, do not scam people as that is against ToS.
  • We added the Slot Machine as a fun idea based on the positive feedback from the Nightlife event, so spend those credits to your heart’s content!

With that being said, we do hear the concern from many of you around the effects of the Jawa Junk’s drop rate on the economy. We are going to take a look at it and make changes accordingly. I will let you know once I know more. In the meantime, have fun! :rak_03:

 

-eric

Edited by Bristol
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azudelphi

azudelphi

Posted
Posted (edited)
I submit that they clearly stated that the changes were specifically referring to Jawa Junk.

 

Then apparently you missed...

 

Hey folks,

...

Let’s talk about the changes coming to the Contraband Slot Machine. When we were going into 3.0.2, we wanted to make Grade 11 materials more accessible to more players than they were at the time. As you know, we simultaneously put in the Contraband Slot Machine, which afforded you a fairly good chance to get Jawa Junk and other Jawa vendor scrap parts. This had two effects:

  • It had the risk of taking the Grade 11 material costs in the economy, in the long term, to a price below where we would like
  • It created a situation where it could be more profitable to completely ignore crew skills by use of the Slot Machine

...

Thanks everyone!

 

-eric

Edited by azudelphi
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DarthDymond

DarthDymond

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If the progression of "We're looking into Problem A" to "We corrected Problem A, we also corrected Problem B while we were at it" ever becomes an "Unconscionable Representation" I will laugh my butt off at the state of Canadian law.

 

And that is setting aside a litany of things like the Arbitration provisions of the EUALA, the fact that they were modifying 'property' that they, not the player, own, I'm sure there's a 'right to modify without notice' provision buried somewhere in the ToS, etc., etc. etc.

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CrazyGreggy

CrazyGreggy

Posted
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Why do people think there are often separate sections in TOS and EULA documents for different countries, such as the separate EU/Germany/Canada sections? Because these companies know they CAN face enforcement in other countries than the US and, like Microsoft, have often found themselves falling foul of consumer protection laws that have very real teeth.
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DOHboy

DOHboy

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No, it allows them to make any and all changes that do not contradict the ruling law of the land as they see fit.

 

they own it, they can do with it as they please. if people no longer like said service, they are free to go somewhere else.

 

The only thing WE own are Cartel Coins as they are purchased with real money and are tied to my account (which I do not own, but pay access fees aka rental for).. Beyond that, they own it.

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RahaylaCora

RahaylaCora

Posted
Posted
Then apparently you missed...

 

 

Quote: Originally Posted by EricMusco View Post

Hey folks,

...

Let’s talk about the changes coming to the Contraband Slot Machine. When we were going into 3.0.2, we wanted to make Grade 11 materials more accessible to more players than they were at the time. As you know, we simultaneously put in the Contraband Slot Machine, which afforded you a fairly good chance to get Jawa Junk and other Jawa vendor scrap parts. This had two effects:

 

It had the risk of taking the Grade 11 material costs in the economy, in the long term, to a price below where we would like

It created a situation where it could be more profitable to completely ignore crew skills by use of the Slot Machine

 

...

Thanks everyone!

 

-eric

And you missed the "When we were going into 3.0.2, we wanted to make Grade 11 materials more accessible to more players than they were at the time" part.

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AuckaLukaum

AuckaLukaum

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Posted
My uncle's neighbor's son's classmate's father's coworker's dentist's aunt is a lawyer and says we totally have a winnable class action lawsuit here. All we have to do is come up with the $100 million to litigate the case and enjoy the $5 we each get from the settlement in ten years. Make it so!
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Bristol

Bristol

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My uncle's neighbor's son's classmate's father's coworker's dentist's aunt is a lawyer and says we totally have a winnable class action lawsuit here. All we have to do is come up with the $100 million to litigate the case and enjoy the $5 we each get from the settlement in ten years. Make it so!

 

That's the beauty of filing an official complaint with a government agency who's primary directive is to protect consumers.

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