This webinar is brought to you by Community Law School (Sarnia ‐ Lambton) Inc. , a nonprofit, 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 CLEONet , a website of legal information for community workers and advocates who work with low income and disadvantaged communities in Ontario. Funding for this webinar was provided by the Law Foundation of Ontario as part of The Connecting Project and the Connecting Communities Consortium and the Connecting Communities Consortium. www.communitylawschool.org www.cleonet.ca www.lawfoundation.on.ca Community Law School (Sarnia ‐ Lambton) Inc.
Hot Topics in Consumer Protection: Unfair Practices Under the Consumer Protection Act Consumer Protection Act, 2002
Community Law School (Sarnia ‐ Lambton) Inc. Please note … The content of this webinar is based on law that was current on the date the webinar was recorded. CLEONet webinars contain general legal information. They are not intended to be used as legal advice for a specific legal problem. For more l l d i f ifi l l bl F information on how to find a lawyer or to contact your local community legal clinic visit y y g www.cleonet.ca/need_legal_help 2010, Community Law School (Sarnia ‐ Lambton) Inc.
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 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 d f lt d i f P B St d t 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. 2010, Community Law School (Sarnia ‐ Lambton) Inc.
Webinar Overview Webinar Overview 1. Explanation of the Case Study Approach 2 2. Case Study #1: Mustang Sally Case Study #1: Mustang Sally 3. Case Study #2: Too Much Hot Tub? 4. Participants’ Experiences 5. Unfair Practice Protections and Other Consumer Protection Laws Appendices: Appendix A: Unfair Practices under the Consumer Protection Act, 2002 Appendix B: Case Study #1: Mustang Sally Appendix C: Case Study #2: Too Much Hot Tub? Appendix C: Case Study #2: Too Much Hot Tub? Appendix D: Resources 2011, Community Law School (Sarnia- 5 Lambton) Inc.
What is a Case Study Approach? y pp Uses a fictionalized fact scenario (the “case study”) to illustrate how the unfair • practices provisions of the Consumer Protection Act, 2002 (CPA) operate in the “ “real world”. l ld” Copies of the Background Handout and Case Studies are provided to registrants • in advance of the live webinar, and are appended to the archived webinar slides. , pp Assumes that webinar participants have read the Background Handout and • Case Studies prior to attending the live webinar (or prior to reviewing the archived webinar) archived webinar). The webinar will focus on the Case Studies provided. • We also invite participants to share their experiences after we have worked • through the Case Studies. 2011, Community Law School (Sarnia- 6 Lambton) Inc.
Case Study #1: Mustang Sally y g y a) Are there examples of false, misleading, or deceptive representations in this case? How many can you identify? b) Are there unconscionable representation in this case? How many can you identify? c) What action plan can we develop for Sally using the remedies available under the Consumer Protection Act, 2002 ? 2011, Community Law School (Sarnia- 7 Lambton) Inc.
Case Study #2: Too Much Hot Tub? y a) Are there examples of false, misleading, or deceptive representations in this case? How many can you identify? b) Are there unconscionable representation in this case? How many can you identify? c) What action plan can we develop for Pat using the remedies available under the Consumer Protection Act, 2002 ? 2011, Community Law School (Sarnia- 8 Lambton) Inc.
“Unfair Practices” Protections and Other Cons mer Protection Scenarios Consumer Protection Scenarios Most consumer contracts are covered under the “unfair practices” • protections of the Consumer Protection Act, 2002 , including, for example: Prepaid Services Contracts; o Door-to-Door Contracts; and o Internet Contracts. o The “unfair practices” provisions of the CPA should be examined whenever • one is reviewing a consumer contract with an eye to seeking relief from the contract, as there is a good chance a remedy may be found there. 2011, Community Law School (Sarnia- 9 Lambton) Inc.
Appendix A: What are “unfair practices” under the Consumer Protection Act, 2002 ? Consumer Protection Act, 2002 ? • The Consumer Protection Act, 2002 (CPA)specifically prohibits two types of unfair practices: • Making a false, misleading or deceptive representation, and • Making an unconscionable representation. • The CPA also prohibits a person from retaining custody or control of goods to force a consumer into renegotiating the terms of the agreement. 2011, Community Law School (Sarnia- 10 Lambton) Inc.
Appendix A, cont.: What are “false, misleading and deceptive representations” under the Consumer Protection Act, 2002 ? p , False, misleading and deceptive representations fall generally into four g p p g y categories: • Representations as to the quality, characteristics, condition, or “special” nature of the goods or services; “ i l” t f th d i • The current or future availability of the goods or services; • The need for the goods or service; and Th d f th d i d • The cost, price advantage, or benefit of the good or service to the consumer. 2011, Community Law School (Sarnia- 11 Lambton) Inc.
Appendix A, cont.: What are “false, misleading and deceptive representations” under the Consumer Protection Act, 2002 ? p , The CPA includes the following as examples of false, misleading, or deceptive representations: � That the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits, or qualities that they do not have; � That the person supplying the goods or services has sponsorship, approval, status, affiliation or connection that the person does not have; � That the goods or services are of a particular standards, quality, grade, style, or model, if they are not; � That the goods are new, or unused, if they are not or are reconditioned or reclaimed; � That the goods have been used to an extent that is materially different from the fact; � That the goods or services are available for a reason that does not exist; � That the goods or services have been supplied in accordance with a previous representation, if they have not; � That the goods or services, or any part thereof, are available when the person making the representation knows or should know that they are not; 2011, Community Law School (Sarnia- 12 Lambton) Inc.
Appendix A, cont.: What are “false, misleading and deceptive representations” under the Consumer Protection Act, 2002 ? p , � That the goods or services, or any part thereof, will be available by a specified time when the person making the representation knows or should know that they will not be available by that time; available by that time; � That a service, part, replacement or repair is needed or advisable, if it is not; � That a specific price advantage exists, when it does not; � That misrepresents the authority of a salesperson, representative, employee, or agent to negotiate the final terms of the agreement; � That the transaction involves or does not involve rights, remedies, or obligations if the representation is false, misleading, or deceptive; representation is false misleading or decepti e; � That misrepresents the purpose or intent of any solicitation of, or communication with, a consumer; � Th t � That misrepresent the purpose of any charge or proposed charge; or i t th f h d h � That misrepresents or exaggerates the benefits that are likely to flow to a consumer if they help a person obtain new or potential customers. 2011, Community Law School (Sarnia- 13 Lambton) Inc.
Appendix A, cont.: What are “unconscionable representations” under the Consumer Protection Act, 2002 ? Some business practices are so egregious that they are deemed unconscionable under the CPA . They include: � Taking advantage of the disability, ignorance, language barriers, or illiteracy of the consumer; � Grossly overcharging for the good or service; � Grossly overcharging for the good or service; � Using excessively one-sided or otherwise inequitable contracts to the detriment of the consumer; � Obligations that the consumer has no reasonable probability of paying � Obligations that the consumer has no reasonable probability of paying in full; � Misleading statements of opinion that the consumer relies on or is likely to rely on to their detriment; and likely to rely on, to their detriment; and � Using pressure tactics to persuade the consumer to enter into the transaction. 2011, Community Law School (Sarnia- 14 Lambton) Inc.
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