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- On April 16, 2015, Sutts, Strosberg LLP (now Strosberg Sasso Sutts LLP) and Charney Lawyers commenced a national class action in the Ontario Superior Court of Justice against Bell Mobility Inc. and Bell Canada Inc. for damages for breach of contract, breach of the Telecommunications Act, intrusion upon seclusion and waiver of tort arising from the unauthorized use of Bell Mobility and Virgin Mobile Canada customers’ personal information for Bell’s Relevant Ads Program. The firms commenced a similar class action in the Superior Court of Québec.
- On November 16, 2013, Bell Canada commenced the Relevant Ads Program (“RAP”) which tracked Bell Mobility and Virgin Mobile customers’ account and network usage information, including internet sites they visited on Bell Mobility’s network, to generate marketing reports that were sold to advertisers. Following Bell’s announcement of the program, the Privacy Commissioner of Canada commenced an investigation after receiving an unprecedented volume of complaints.
- In the statement of claim, it is alleged that from November 16, 2013 to April 13, 2015, the defendants used the RAP to track, collect and sell Bell Mobility and Virgin Mobile Canada customers’ sensitive account and internet browsing information to advertisers. The information included web sites accessed from mobile devices and the corresponding customers’ postal code, gender, age range, credit status and payment patterns.
- In the statement of claim, it is alleged that customers were not given the option to properly consent to the use of their information for the program and the defendants did not adequately disclose the nature of the information they were using for the RAP.
- Following Bell Canada’s announcement of the RAP, the Privacy Commissioner of Canada commenced an investigation under the federal Personal Information Protection and Electronic Documents Act in response to an unprecedented volume of privacy complaints from the public.
- On April 7, 2015, the Privacy Commissioner of Canada released its Report of Findings. In its report, the Commissioner found that Bell Canada violated the Personal Information Protection and Electronic Documents Act by failing to adequately disclose the nature of the information used for the RAP and by not properly seeking customers’ consent to use their personal information for the RAP.
- On April 13, 2015, Bell Canada announced the cancellation of the RAP. While Bell promised to delete all customer profiles created under the program, the class action seeks the appointment of an expert to oversee and confirm the destruction of the personal information.
- If you were a Bell Mobility or Virgin Mobile Canada customer who had an account with a data plan between November 16, 2013 and April 13, 2015, please provide the information requested on our Communication page to indicate your interest in the class action.
- We will continue to update this website as developments occur.
- If you would like to know more about how a class action works, please click here.