TORONTO – A disgruntled Bell ExpessVu customer has received court approval to proceed with his case against the satellite TV distributor’s administrative fees.
The plaintiff, Peter De Wolf, has been told he can move ahead with his class action suit against Bell ExpressVu, which he feels wronged him by charging him one or more administrative fees of $19 and $25 for the payment of an account after the due date.
The plaintiff alleges that the administrative fees constitute illegal interest, and is seeking repayment of those fees.
Justice Perell of the Ontario Superior Court of Justice on April 2 granted approval for the national class action suit. De Wolf has been appointed by the court as representative plaintiff for the class.
The class is defined as “all former and current customers of the Defendants who have been charged one or more administrative fees (the fees of $19 and $25 charged by the Defendants beginning January 1, 2003 for the payment of an account after the due date) and have paid those fees up to the date of certification of this proceeding.”
Bell ExpressVu denies it has charged illegal interest and that the administrative fees constitute interest.
Bell ExpressVu said in an April 10 notice to its subscribers that any customers wishing to opt out of the class action must do so no later than June 30 by sending a signed, written notice saying they wished to opt out of the class action to the law firm Bell Phillips Gill Young LLP in Toronto.
If customers do nothing, they will be considered a member of the class action.
Any judgement or settlement obtained on the common issues in the class action, whether favourable or not, will bind all class members who do not opt out of the class action, Bell Express states in the notice.
