Consumer Protection Act
Consumer rights for those residing in Ontario are set out by the Consumer Protection Act (CPA). That is, as long as the buyer or seller is in Ontario when the transaction occurs, the CPA is enforceable. Transactions that occur in another province or territory may be governed by a similar Act, such as the Business Practices and Consumer Protection Act in British Columbia. The CPA does not offer protection to businesses or to individuals who are involved in a business-to-business deal. Rather, the Act protects your rights as a consumer and is primarily used against unfair trade practices.
Know Your Rights
The CPA is meant to protect consumers from unfair, unreasonable, and improper business practices. Consumers should consider the following information prior to filing a complaint with a business. To begin, consumers have the right to cancel a contract with no penalty and get a refund if any of the following occurs:
1) Cooling-off period: Some contracts outline a specific number of days in which you may cancel an agreement without penalty. For example, gym memberships include a “cooling-off” period, where customers are able to cancel their membership within this period without any consequences.
2) Misrepresentation: False information concerning a product or a service provided by a business or individual is illegal. A business cannot charge you for a product or service that is different from what was agreed upon in the contract. In the case that you have already paid, you are entitled to request that money back. If a business claims a product is a certain type of model, for example, and it is not, this could be considered misrepresentation.
3) Delivery of goods: A product that you order must be delivered within 30 days of the promised delivery date. If not, you may be entitled to a refund. In the case that the contract does not state the date in which you can expect to receive the product, the business has 30 days from the date that the contract was signed to deliver the product. Let’s say, for example, you order a book online and it is scheduled to arrive by September 25th. It is now October 25th (30 days later), and you have yet to receive anything. As 30 days have passed, you may request a full refund for your purchase. However, if you decided to keep the book after it has arrived, you would no longer be entitled to a refund.
The CPA also states rules for business contracts. In these contracts, the terms of the agreement must be clearly stated. Businesses with transactions over $50 must provide a written contract in some circumstances, which includes when you sign up for a subscription or membership. In addition, written notice is required by businesses to consumers when there are any changes to the contract, like a renewal. This would include, for example, the date when the change would begin.
How To File A Complaint
If you believe your rights under the CPA have been violated, you can file a complaint by following the information below:
● Inform the business of your complaint
Inform the business of your complaint by sending an email, a letter, or by phone.
You should include the business’ name, specific information on how your rights were violated, and if you have contacted the Ministry of Government and Consumer Services (MGCS). The MGCS is responsible for consumer protection in Ontario. If you choose to file a complaint to the MGCS, you can do so online. You can also contact them by email or phone. If you choose to contact the business by phone to express your complaint, it is important that you take notes of your conversation and take a record of the date in which you called.
● Submit your complaint online
Ensure to keep all records including a copy of the letter or email you sent to the business.
Keep a copy of any response you may have received from the business.
Any other relevant documents such as payment records, invoices, etc.
Key Takeaways
Businesses in Ontario must ensure that they fully understand and abide by the CPA. The Act is meant to protect consumers against unfair business practices. This includes consumers’ right to cancel a business contract with no penalty in circumstances where there is a cooling-off period, misrepresentation, or delivery of goods. Consumers also have the right to file a complaint if they believe a business has violated the CPA. If a consumer chooses to file a complaint, they can do so by informing the business and by submitting a complaint online. Ultimately, it is important for businesses to clearly state their terms of the agreement, and it is just as important for consumers to carefully read these terms prior to signing any contract with a business.
Disclaimer: This website is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Fomcenco Law through this site does not form an attorney/client relationship. This site is legal advertising.
Commentaires