fbpx
    13 Jun 2018

    The Warranty You're Selling Could Cost Your Company A Lawsuit Featured

    If you are a business or service provider who asks consumers to purchase a warranty along with your product or service, beware.

    According to the terms of Ontario’s Consumer Protection Act (the Act), they shouldn’t have to. The Act provides rights to consumers and imposes obligations on businesses with respect to many familiar personal and household transactions. From the perspective of consumers, the Act affords protections against unfair business practices. From the perspective of business owners, the Act may create risks and additional expense if care is not taken to ensure compliance.

    What does the Act apply to?

    The Act regulates a variety of consumer agreements and other dealings between “consumers” and “suppliers.” 

    “Supplier” is broadly defined by the Act to include “a person who is in the business of selling, leasing or trading in goods or services…” or an agent of such a person. “Consumer” means an individual who purchases goods or services for personal, family or household purposes. The broad language used by the Act means that most people or businesses who sell goods or services to the public are subject to the Act’s minimum requirements.

    What does the act say about warranties and other consumer agreements?

    The Act prohibits suppliers and their agents from giving consumers false or misleading information about their goods or services. The Act also implies into all consumer agreements a warranty that the goods and services being sold to consumers are of a reasonably acceptable quality. That means that you should not feel forced to purchase a warranty unless it is for a long period of time.
    Certain consumer agreements must meet minimum standards for the information disclosed to consumers, delivery times for goods and services, and other matters. Door-to-door, internet, and gym membership agreements, for example, must be in writing and disclose specific information about the goods or services being sold.

    Suppliers must allow customers to cancel certain categories of consumer agreements, even if the goods or services sold under such agreements have already been delivered to the consumer. Internet, telephone, gym membership, and door-to-door sales agreements, among others, must be given to the consumer in writing within a specified time after the consumer agrees to buy the
    goods or services. Failure to do so may entitle the consumer to cancel their agreement and receive a full refund.

    Door-to-door sales agreements (and other similar agreements), are subject to a “cooling off” period, which allows the consumer to cancel the transaction for any reason whatsoever during the “cooling off” period.

    What are the consequences of not complying with the Act?


    The consequences to a supplier of not complying with the Act includes both a lawsuit and possible involvement of the Ministry of Government and Consumer Services.
    With respect to a lawsuit, a consumer who proves that a supplier did not comply with the Act may be entitled to cancel his or her consumer agreement and claim damages for breach of contract, among other things. The Act gives consumers several advantages above a request for payment of money. It includes that in the situation of a confusing contract, it be interpreted favorably for the consumer.

    In addition to being liable for a civil action by a consumer, a supplier who is suspected of violating the Act may face an investigation by the Ministry of Consumer and Government Services. If the investigation reveals a violation of the Act, the Ministry may order the supplier and/or its agents to pay penalties, retract misleading statements, cease unlawful activities, and other consequences.

    Conclusion

    The obligations imposed on suppliers and their agents by the Act vary depending on the nature of the goods and services being sold to consumers. Non-compliance with the Act may result in civil liability, penalties by the Ministry, inconvenience, and other consequences.

    The risk to a supplier of non-compliance with the Act is particularly serious if several consumers start a class action lawsuit. Non-compliance is also risky in cases involving a supplier performing services over an extended period of time, such as a residential construction contract. To avoid such risks, it is important for anyone selling goods or services to the public to ensure their transactions and other dealings with the public comply with the Act’s requirements.

    Written by James Coristine

    Read 1493 times Last modified on Wednesday, 13 June 2018 13:26
    (0 votes)
    Walker Law Professional Corporation

    Tanya Walker obtained her law degree from Osgoode Hall at York University in 2005 and her Honours Bachelor of Commerce with a minor in Economics from McMaster University in 2002. She was called to the Ontario Bar in 2006 and created Walker Law a litigation law firm in 2010. Tanya is currently serving a term as Bencher of the Law Society of Ontario; elected by her peers as not only the first Black elected female Bencher from Toronto, in the 220-year history of the Law Society, but also as one of the youngest sitting Benchers.
 Tanya is a frequent speaker on legal issues to the Toronto Community and regularly appears on the CTV Show, Your Morning as a legal expert. She has also been named in the 2017 and 2018 Lexpert Guides as one of the Leading Lawyers to Watch in Corporate/Commercial Litigation and is also the recipient of the 2018 Women’s Business Enterprise of the Year Award.

 Tel: 647-342-2334 ext. 302 
 Email: tanya(at)tcwalkerlawyers.com

    tcwalkerlawyers.com/

    Featured Directory Listings

    About ByBlacks.com

    Image

    ByBlacks.com is the top-ranked award-winning online magazine focused exclusively on telling Black Canadian stories. With over one hundred writers to date covering a range of editorial content, we also provide a free business directory for Black Canadian owned businesses, free events listing and promotional services for our clients.

    Image

    Subscribe

    Follow Us:

    Search