VANCOUVER – Bell Mobility has launched a lawsuit against Telus over the latter’s recent ad campaign, saying it’s wireless plans are every bit as flexible as Telus’.
Telus launched an ad campaign this month touting its Flexible Share Plans", where more than one family member can share their wireless minutes.
Bell’s problem is the Telus line found in the ads: "only from Telus." Bell’s statement of claim decries its rival’s "exclusivity claim" as false and misleading.
"The Exclusivity Claim is calculated to give the impression, and does give the impression, that only Telus Mobility offers wireless communications services rate plans which are flexible and permit sharing of benefits (including wireless calling minutes) among plan members, and such impression is false, or alternatively misleading, in a material respect. In particular… Bell Mobility’s wireless communications services rate plans, such as its Family Share Plans, also offer flexibility and permit sharing of benefits (including wireless calling minutes) among plan members," reads the Bell statement of claim.
"Telus Mobility has willfully published, or alternatively has caused to be published, the Exclusivity Claim knowing it to be false or misleading in a material respect, or alternatively recklessly not caring whether it is false or misleading in a material respect, all for the purpose of promoting, directly or indirectly, the supply or use of its wireless communications services to customers or potential customers, or alternatively Telus Mobility’s related business interests, to the prejudice of Bell Mobility’s offering of its wireless communications services to customers or potential customers, and Bell Mobility’s related business interests."
Bell said it asked Telus on November 9th to remove the "only from Telus" line but the Vancouver-based telco kept its ad campaign.
Citing the Competition Act, Bell Mobility wants an injunction against Telus to stop the exclusivity claim as well as unspecified damages.
For its part, Telus is standing by its slate of ads.
"We strongly disagree with Bell’s claim, and intend to defend our position in court," Shawn Hall, Telus spokesperson, told Cartt.ca.
"The family plans Telus offers are unique in the marketplace, with superior features and flexibility not available through Bell or any other Canadian carrier.
"Only Telus Share plans offer the flexibility to pick the plans that best suit each individual’s needs and still benefit from sharing anytime minutes. Bell’s family plan is a more restrictive format, where an entire family draws upon a single bucket of minutes and has the same features," added Hall.
– Greg O’Brien
