This webinar is brought to you by Community Law School (Sarnia-Lambton) Inc., a nonprofit, registered charitable organization devoted to public legal education and community advocacy training. This webinar is facilitated by Your Legal Rights, a website of legal information people in Ontario. Your Legal Rights is a project of CLEO. Funding for this webinar was provided by the Law Foundation of Ontario as part of The Connecting Project and the Connecting Communities Consortium Community Law School (Sarnia-Lambton) Inc.

Hot Topics in Consumer Protection: Wireless Services (Cell Phone) Contracts: 2016 Update 2016, Community Law School (Sarnia-Lambton) Inc.

The content of this webinar is based on law that was current on the date the webinar was recorded. Your Legal Rights webinars contain general legal information. They are not intended to be used as legal advice for a specific legal problem. For more information on how to find a lawyer or to contact your local community legal clinic visit: Please Note: 2016, Community Law School (Sarnia-Lambton) Inc.

About Our Presenter Margaret Capes, B.A. (Hons.), LL.B., M.Ad.Ed, is Legal Education Coordinator of Community Law School (Sarnia-Lambton) Inc. She also acts as Review Counsel for Community Legal Services, as an adjunct professor in the clinical law program, and as faculty advisor for Pro Bono Students Canada and the Dispute Resolution Centre, all at the Faculty of Law, University of Western Ontario. She is the former Executive Director of Community Legal Assistance Sarnia. 2016, Community Law School (Sarnia-Lambton) Inc.

Webinar Overview 1.Common Wireless Services Contract Concerns 2.What Laws Apply to Wireless Services Contracts in Ontario? 3.Who Regulates Wireless Services Providers? 4.What Must be Included in the Contract? 5.Other Important Protections for Consumers Roaming and data charges Can you be charged a cancellation fee? 6.Cancelling the Contract 7.Other Consumer Remedies Complaints to the Ministry of Consumer Services Complaints to the CCTS Small Claims Court 8.Closing , Community Law School (Sarnia-Lambton) Inc.

Common Wireless Services Contract Concerns 6 Many competing service providers, e.g., Bell, Rogers, etc.; Coverage for different kinds of devices (cell phones, tablets, etc.); Incentives (e.g., a free cell phone) offered to consumers in exchange for a fixed-term contract; Lengthy standard-form contracts; Little opportunity to review the contract before signing it; Unexpected usage costs, such a roaming fees and excess data charges; Cancellation fees; Where to complain about contract or service problems; What remedies are available. 2016, Community Law School (Sarnia-Lambton) Inc.

Wireless Services: What Apply in Ontario? Two laws now specifically apply to wireless services contracts in Ontario: the Ontario Wireless Services Agreements Act (the WSSA), and the federal Wireless Code (the Code). The WSSA covers all contracts made, renewed, or extended in Ontario after April 1, The WSSA only applies to contracts for personal, family, or household purposes; it does not apply to services for business uses (e.g., a small business plan is not covered under the WSSA). Under the WSSA, notice and cancellation procedures for wireless services contracts must comply with the provisions of Ontario’s Consumer Protection Act, 2002 (CPA). The Canadian Radio-television and Telecommunications Commission’s Wireless Code also now applies to all wireless services contracts , Community Law School (Sarnia-Lambton) Inc.

Who Regulates Wireless Service Providers? Several agencies and organizations have various roles regulating wireless (cell phone) services, including: Canadian Radio-Television and Telecommunications Commission (CRTC), which functions to ensure the confidentiality of customer information and fair treatment of customers, and created the Wireless Code. The CRTC does not regulate rates, or quality of services, or business practices; Commissioner for Complaints for Telecommunications Services (CCTS), an industry-sponsored and funded nonprofit corporation that tries to facilitate the resolution of complaints about wireless service problems; and Ontario Ministry of Consumer Services administers the Wireless Services Agreements Act and the Consumer Protection Act, , Community Law School (Sarnia-Lambton) Inc.

What Must Be In A Wireless Services Agreement? Information required by the WSAA includes: Basic information about the parties and the services: o your name, and the name, telephone and address of the service provider. o the date the agreement starts and its expiry date (if any); o a list of all included and optional services, how much they cost, and an explanation of how and when you will start to incur overage charges. Basic information about the goods being supplied or purchased: o a description of the goods (e.g., a smartphone), whether it is new or reconditioned, and how much you must pay if you cancel the contract early; o whether the goods are restricted to a specific provider (e.g., if the smartphone is “locked”); o details of any trade-in you made; o if the supplier provides a third-party warranty, information about the manufacturer’s warranty, automatic warranties under the Sale of Goods Act, and a copy of the manufacturer’s warranty. o Payment Information: o the terms and methods of payments, and any charges for a particular billing format, e.g., an extra charge for paper bills; o the total amount due when you sign the agreement, the minimum monthly bill amount, and any extra payment due at the end of the agreement; o how the provider calculates any early cancellation charges.

What Must Be In A Wireless Services Agreement? (cont’d) Information required under the Wireless Code includes: Regarding fees and other charges: o any early cancellation fees, how much they decrease each month, and when a cancellation fee no longer applies; o the amount of any security deposit you must pay, and under what conditions it will be refunded to you. If you receive a subsidized device (e.g., a free or reduced price smartphone): o the actual retail price of the device; o how much you are paying for it; o how much (if anything) you must pay to “unlock” it. About the wireless services agreement: o whether it continues on a month-to-month basis after the original term expires; o whether device upgrades or other amendments to the original agreement extend the term of the agreement. Where you can find other important information such as: o rates for optional services; o notices about your data usage and roaming, and how to manage that; o how to contact the provider’s customer service department, and how to make a complaint to the CCTS. The Wireless Code also covers other important issues such as: o unlocking your phone; warranties; lost or stolen devices; repairs; security deposits; and disconnection. 2016, Community Law School (Sarnia-Lambton) Inc.

Other Important Protections for Consumers The Wireless Code contains important protections about roaming and data charges, and requires the service provider to: o notify you when your device is roaming in another country and tell you what voice, text, and data charges you may incur while roaming; o suspend national and international roaming charges when they reach $100 within a single billing period, unless you specifically agree to pay additional charges; o suspend data overage charges when they reach $50 within a single billing period, unless you specifically agree to pay additional charges. o Both the WSAA and the Wireless Code regulate cancellation fees: o If your agreement was not for a fixed term and you did not receive a free or discounted device, you cannot be charged a cancellation fee. o If your agreement was for a fixed term and you did not receive a free or discounted device, your cancellation fee cannot be more than $50, or 10% of the price for services for the time left under the agreement (based on a 2-year term), whichever is less. For example: you have 4 months left on your term and you pay $100/month. You cannot be charged more than: 4 months x $100/month x 10% = $40 cancellation fee. If you had 10 months left on your agreement, your cancellation fee would be the maximum allowed, $50. o If you received a device for free or at a discount, you may be charged a cancellation fee that takes the value of the device into consideration. The WSAA contains the formula that the provider must use to determine the allowable cancellation fee. o In any case, you must also pay for the services that you received before you cancelled the agreement. 2016, Community Law School (Sarnia- Lambton) Inc.

Cancelling a Wireless Services Agreement Both the WSAA and the Wireless Code allow you to cancel a wireless services contract without penalty or cancellation fees under certain circumstances. If the agreement does not contain all the information required under the WSAA, or if you do not get a copy of it within the required time frame (see below), you may cancel it at any time within one year of entering into it. o The service provider may require that you return any goods or devices that you received, and the cancellation is not effective until you make the return. o Once the cancellation is effective, the agreement is void and the provider may not ask for or accept payment for services under the agreement. If you don’t receive a copy of the agreement when you sign it (if you make the contract in person) or within 15 days (if you make it online or by telephone), the Wireless Code allows you to cancel within 30 days of when you do receive it, without penalty or cancellation fee. If your agreement includes a cancellation fee (e.g., because you got a free device), the Wireless Code allows you to cancel without fee within 15 days if you return the device in near-new condition, with the original packing, and if you have not gone over the usage permitted for the trial period. o If you self-identify as a person with a disability, the trial period must be extended to 30 days and the permitted usage doubled over that permitted under a 15-day trial period. If the agreement is in proper form, you may still cancel it at any time, but cancellation fees may apply , Community Law School (Sarnia-Lambton) Inc.

Other Consumer Remedies: Complaint to the Ministry If the service provider refuses to remedy the matter, the consumer should report the problem to the Ministry of Consumer Services, which has broad investigative and remedial powers. Online complaint forms are available on the Ministry’s website. The Ministry may order the service provider to comply with the provisions of the WSAA and the Consumer Protection Act, The Ministry may also bring charges in Provincial Offences Court. The Provincial Offences Court may, upon conviction, impose upon an individual a fine of up to $50,000, or imprisonment for a term of not more than two years less a day, or both. A corporation that is convicted may be fined up to $250, , Community Law School (Sarnia-Lambton) Inc.

Consumer Remedies: Complaint to the CCTS The Commissioner for Complaints for Telecommunications Services (CCTS), hears and tries to facilitate the resolution of complaints about cell phone and other wireless services problems. The CCTS is industry-sponsored and receives its funding directly from Telecommunications Service Providers (TSPs), but operates completely independent of them. The CCTS takes complaints from individual consumers or small businesses against its TSP members, who are not charged a fee for CCTS services. Membership in the CCTS is voluntary for wireless services companies, but most large providers are members. The CCTS deals with a broad range of complaints, including its TSP members’ compliance with the terms of service contracts, billing issues, and service delivery issues. The CCTS does not deal with the actual terms of a contract, prices, privacy/confidentiality, false advertising, or general operating practices of the TSP that are beyond the specific contract terms. 2016, Community Law School (Sarnia-Lambton) Inc.

Ministry or CCTS: Who Hears What Complaints? If you have problems with your wireless agreement, you may contact either the Ministry or the CCTS. Consumer Protection Ontario has the following tips. Contact the Ministry with questions or problems about: o your rights under the WSAA; o changes made to your agreement without your notice or consent; o if you didn’t get a copy of the agreement; or o you are owed a refund and you haven’t been paid. Contact the CCTS with questions or problems about: o Cancelling your agreement within the trial period; o Data or roaming charges over what is permitted under the Wireless Code; o A roaming notification; o Unlocking your phone; o When service may be discontinued for not paying your bill; or o Prepaid phone cards , Community Law School (Sarnia-Lambton) Inc.

If All Else Fails: Small Claims Court If other dispute resolution alternatives fail, a consumer may sue the service provider in court. Ontario’s Small Claims Court (SCC) is designed to be accessible to consumers. Some advantages of using the SCC include: Self representation: claimants in the SCC are not required to hire a lawyer to represent them. In fact, it is very common for people to represent themselves at the SCC. Low cost: with no lawyer required, the SCC provides an inexpensive way to file suit, and Court filing fees are also relatively low. Available resources: because the SCC is designed for self-represented litigants, many resource guides have been developed to assist with the process. These are available on the website of the Ministry of the Attorney General. Even if pursing an action in the SCC, a consumer should not withhold payments that come due. Instead, payments should be made to the service provider, with a request to the SCC for reimbursement at the end of the action. Alternatively, the consumer can arrange to pay the amount to the SCC in the context of the SCC suit. At the end of the lawsuit, the Court will pay the provider what is owed and return any leftover funds to the consumer. 2016, Community Law School (Sarnia-Lambton) Inc.

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This webinar was brought to you by Community Law School (Sarnia-Lambton) Inc. and Your Legal Rights with funding from the Law Foundation of Ontario. For more information about consumer issues visit the Consumer Law section of Your Legal Rights at For more public legal information webinars, including webinars on other consumer protection topics, visit: For information about other consumer issues, social welfare laws, and community advocacy training visit the Community Law School website at Community Law School (Sarnia-Lambton) Inc.