NOTICE – THIS LAWSUIT IS ONGOING – NO COMPENSATION HAS BEEN ORDERED BY THE COURT.
It has come to the attention of Slater Vecchio LLP that a post on the website www.dealmoon.ca is claiming that individuals who provide their personal information through the form on this webpage, which we have since removed, will immediately receive $50 as a result of this proposed class proceeding. Slater Vecchio LLP wishes to clarify that this action has not settled and that individuals who purchased movie tickets through Cineplex’s online platforms are, at this point in time, not entitled to any compensation through this lawsuit.
Slater Vecchio LLP has filed class action lawsuits against Cineplex in British Columbia and Quebec alleging that Cineplex’s failure to disclose the online booking fee that Cineplex charges on online ticket purchases at the outset of the ticket purchasing process constitutes false and misleading advertising. The two actions collectively seek to represent all Canadians who purchased a Cineplex movie ticket and were charged an online booking fee.
The action alleges that Cineplex engages in “price dripping” through their online ticket sales platform, in violation of Canada’s Competition Act.
Drip pricing occurs when the first price that a company advertises for a product or service does not equal the final price at checkout because the company adds non-government-imposed fees on top of the originally represented price. The fees are typically called a “service fee”, a “process fee” or an “improvement fee”.
The class actions filed by Slater Vecchio LLP allege that Cineplex did not disclose at the outset of the purchasing process that consumers who are not members of Cineplex’s CineClub would be charged a $1.00 or $1.50 online booking fee for booking their movie tickets through Cineplex’s website or mobile application. Through these lawsuits, consumers seek repayment of the online booking fees, plus taxes on those fees, that they paid to Cineplex.
A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.
The individual who first files the claim must ask the Court for permission to proceed as a class action. If permission is granted (referred to as “authorized” in Quebec, and “certified” in all other Canadian provinces) and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and define the class group. Each person who meets the criteria of the class group is considered a “Class Member”.
All individuals in Canada who purchased a Cineplex movie ticket and were charged an Online Booking Fee.
Potential class members are advised to retain their receipts outlining their payment of the online booking fee.
