Rogers Credit Check Privacy Breach
The Claim: The claim alleges that Rogers Bank regularly accesses the personal credit information of Rogers Communications’ customers through soft credit checks, without obtaining the customers’ consent. These soft credit checks are performed to evaluate customers’ eligibility to be offered a Rogers Bank credit card. In some cases Rogers Bank credit cards were issued to customers without their consent. These credit checks are unrelated to customers’ payment history or legitimate credit issues, and were only to promote Rogers Bank’s business enterprises.
The claim asserts that the Defendants have breached customers’ rights under Canadian privacy laws, as well as breaching the Rogers Communications contracts with its customers. It alleges that snooping into customers’ credit records is an invasion of privacy, which is referred to as an “intrusion upon seclusion”. The plaintiff seeks, among other things, recovery of damages and an injunction prohibiting the Defendants from further collecting, using, storing, or disclosing the credit information of the proposed Class without their express, informed, and prior consent.
The Office of the Privacy Commissioner of Canada found that this practice is a breach of the Personal Information Protection and Electronic Documents Act in respect of a different communications provider.
The Financial Consumer Agency of Canada has also found that Rogers Bank breached subsections 3(1) and (2) of the Regulations under the Financial Consumer Agency of Canada Act by issuing Rogers-branded credit cards to consumers without their express consent and without providing written confirmation when consent was alleged to have been provided orally. To view the decision, click here.
The plaintiff was a Rogers customer who discovered that six separate soft credit checks (also known as “account review inquiries”) had been initiated by Rogers Communications, despite his account always having been in good standing for many years. The Defendants have admitted that they conducted the credit checks for marketing and promotional purposes related to Rogers Bank. Rogers Communications continued to conduct further soft credit checks even after the plaintiff expressly told it to stop – that it did not have his consent.
A soft credit check includes information such as the subject’s name, age, occupation, place of residence, previous places of residence, marital status, particulars of education or professional qualifications, places of employment, previous places of employment, estimated income, paying habits, credit score, and more.
The Class: All persons currently or previously residing in Ontario, Quebec and Alberta who had consumer service contracts for post-paid services with Rogers Communications between May 1, 2011, and the date that this action is certified as a class proceeding (the “Class Members”), and a Sub-Class of all Class Members to whom Rogers Bank issued a Rogers Bank-branded credit card without first receiving express written consent from the Sub-Class Member or without providing confirmation in writing that Rogers Bank had received the Class Member’s prior express oral consent to be issues such a credit card.
- The parties have exchanged their materials for the certification motion.
- The motion for certification is to be scheduled with the court.
- Fifth Amended Statement of Claim
- Second Amended Statement of Defence
- Reply
- Press Release – Privacy Breach Class Action Commenced Against Media Giant Rogers
What is a class action?
A class action is a special form of lawsuit in which one plaintiff brings a claim against one or more defendants based on allegations which are common to a group, or class, of people. In order for the action to become a class action, it must proceed through a stage known as “certification”.
Who brings a class action lawsuit forward?
A statement of claim is issued on behalf of a “representative plaintiff”. The representative plaintiff’s role is to work with class counsel to bring the action forward and to represent the class members in court.
What is certification?
In order for an action to proceed on behalf of the entire class, a judge must decide (among other things) whether the members of the proposed class have common issues, and whether a class action is the preferred way to resolve the issues. The process to decide these issues is known as the “certification motion”. If the judge is satisfied that the case meets all of the requirements for certification, he or she will issue an order which certifies the action as a class action.
Do I have to do anything to “join” the lawsuit?
No. If the lawsuit is certified, and you are included in the class as defined, you are automatically included in the lawsuit.
Once I am part of the class do I have to do anything?
No. We will work primarily with the class representative.
What if I do not want to be included in the lawsuit?
Those who do not wish to remain in the class will be given the option to opt-out by sending an opt-out form at the appropriate time to us.
What are the benefits of proceeding as a class action?
Certification as a class action will enable us to prove the facts in a single lawsuit rather than in numerous individual lawsuits. This has obvious benefits to the class members and to the courts.
How long does it take for a class action to be resolved?
There is no timeframe. We will move the case forward diligently but it can take a considerable period of time to reach trial.
Can a class action lawsuit be settled without going to trial?
Many class actions settle and thereby remove the need for a trial. However, we cannot predict with any certainty whether or not there will be a settlement in a given action.
What are the chances of winning the action?
The chances of “winning” can never be accurately predicted.
Will be liable for any costs or legal fees?
Class action lawsuits are typically brought on a contingency fee basis. This means that the lawyers will only be paid if the action is successful at trial or results in a settlement in favour of the plaintiffs. Legal fees would then be paid out of the settlement or judgment proceeds as approved by a judge.
Disbursements (i.e. out-of-pocket expenses, including expert reports) may be dealt with in one of two ways.
Most commonly, the lawyers will absorb the cost of disbursements. The lawyers may seek funding assistance from the Class Proceeding Fund, which may provide funding for disbursements if granted.
In some cases, disbursements may be funded by the class members, including the class representative. This typically occurs in smaller class actions brought on behalf of an organization or network of individuals where each member of the class is easily identifiable and known to the representative plaintiff. If the class action is successful, amounts advanced for disbursements are re-paid from the proceeds of any judgment or settlement to class members (and others).
Will I be liable for costs of the action if it is unsuccessful?
Only the class representative may be liable for costs of the common issues portion of the action if it is unsuccessful.
When can I expect to receive a payout from this class action?
A “payout” or an award for damages is never certain.
The action may settle or it may proceed to trial, at which time a judge will determine the amount of damages, if any, to which the class members are entitled to. Regardless, the amount of “payout” cannot be predicted, and we cannot predict when the action may settle or when the trial will conclude.
How will counsel keep me updated on the progress of the case?
If the lawsuit is certified as a class action, you will receive a formal notice from the court explaining the nature of the case and providing you with the opportunity to opt out if you wish. General information about the lawsuit will be posted on Sotos LLP’s website at https://www.sotosclassactions.com.
Where can I send any documents that I have that may be relevant to a class action?
We ask that you keep a copy of any documents, correspondences, records, invoices, receipts, etc. that you feel might be relevant to your individual claim in the class action. If there is a “payout,” this documentation may be required in order to support your claim for compensation.
It is not required that you send any documents to us at this time.