inincognito
12-14-2017, 07:24 AM
In Ontario, Canada the Consumer Protection Act and Competition Act protect your legal rights as a consumer. If some retailer sells you a box with the given impression of good honorable warranty and performance that turns out to be a fake, You have the right to get your money back. Anything they say or write that turns out to be false makes them legally liable. You can file a complaint with the Ministry of Government and Consumer Affairs for misleading representation of product performance and misleading warranties and guarantees. If you have enough evidence they will file charges against the retailer.
https://www.ontario.ca/page/filing-consumer-complaint
The Ministry of Government and Consumer Affairs is not a non-profit BBB type organization. It has full legal authority here in Canada. This means that if their courts find retailers guilty of falsely advertising products or falsely making performance and warranty statements can be fined $750,000 to $15,000,000 and face up to 2 years imprisonment.
Misleading representation of product performance, efficiacy and length of life of product
Paragraph 74.01(1)(b) of the Competition Act is a civil provision. It prohibits the making, or the permitting of the making, of a representation to the public, in any form whatever, about the performance, efficacy or length of life of a product, which is not based on an adequate and proper test. The onus is on the person making the representation to prove that the representation is based on an adequate and proper test. Under this provision, it is not necessary to demonstrate that any person was deceived or misled; that any member of the public to whom the representation was made was within Canada; or that the representation was made in a place to which the public had access. Subsection 74.03(5) directs that the general impression conveyed by a representation, as well as its literal meaning, be taken into account when determining whether or not the representation is false or misleading in a material respect.
If a court determines that a person has engaged in conduct contrary to paragraph 74.01(1)(b), it may order the person not to engage in such conduct, to publish a corrective notice and/or to pay an administrative monetary penalty of up to $750,000 in the case of a first time occurrence by an individual and $10,000,000 in the case of a first time occurrence by a corporation. For subsequent orders, the penalties increase to a maximum of $1,000,000 in the case of an individual and $15,000,000 in the case of a corporation.
Although paragraph 74.01(1)(b) also relates to warranties and guarantees, and is considered in the Performance representations not based on adequate and proper tests section, paragraph 74.01(1)(c) operates where the warranty or guarantee is itself misleading or where there is no reasonable prospect that it will be honoured. It also covers warranties that deceptively reduce a purchaser's usual rights as well as guarantees that are otherwise useless.
Misleading product warranties and guarantees
Paragraph 74.01(1)(c) of the Competition Act is a civil provision. It prohibits the making, or the permitting of the making, to the public, of any materially misleading product warranty or guarantee, or promise to replace, maintain or repair an article. This includes circumstances in which there is no reasonable prospect that the warranty, guarantee or promise will be carried out. Under this provision, it is not necessary to demonstrate that any person was deceived or misled; that any member of the public to whom the representation was made was within Canada; or that the representation was made in a place to which the public had access. Subsection 74.03(5) directs that the general impression conveyed by a representation, as well as its literal meaning, be taken into account when determining whether or not the representation is false or misleading in a material respect.
If a court determines that a person has engaged in conduct contrary to paragraph 74.01(1)(c), it may order the person not to engage in such conduct, to publish a corrective notice and/or to pay an administrative monetary penalty of up to $750,000 in the case of a first time occurrence by an individual and $10,000,000 in the case of a first time occurrence by a corporation. For subsequent orders, the penalties increase to a maximum of $1,000,000 in the case of an individual and $15,000,000 in the case of a corporation.
Although paragraph 74.01(1)(b) also relates to warranties and guarantees, and is considered in the Performance representations not based on adequate and proper tests section, paragraph 74.01(1)(c) operates where the warranty or guarantee is itself misleading or where there is no reasonable prospect that it will be honoured. It also covers warranties that deceptively reduce a purchaser's usual rights as well as guarantees that are otherwise useless.
I hope this helps anyone from getting scammed. Spread the word so retailers are more aware of the suffering the legal system can place on them.
https://www.ontario.ca/page/filing-consumer-complaint
The Ministry of Government and Consumer Affairs is not a non-profit BBB type organization. It has full legal authority here in Canada. This means that if their courts find retailers guilty of falsely advertising products or falsely making performance and warranty statements can be fined $750,000 to $15,000,000 and face up to 2 years imprisonment.
Misleading representation of product performance, efficiacy and length of life of product
Paragraph 74.01(1)(b) of the Competition Act is a civil provision. It prohibits the making, or the permitting of the making, of a representation to the public, in any form whatever, about the performance, efficacy or length of life of a product, which is not based on an adequate and proper test. The onus is on the person making the representation to prove that the representation is based on an adequate and proper test. Under this provision, it is not necessary to demonstrate that any person was deceived or misled; that any member of the public to whom the representation was made was within Canada; or that the representation was made in a place to which the public had access. Subsection 74.03(5) directs that the general impression conveyed by a representation, as well as its literal meaning, be taken into account when determining whether or not the representation is false or misleading in a material respect.
If a court determines that a person has engaged in conduct contrary to paragraph 74.01(1)(b), it may order the person not to engage in such conduct, to publish a corrective notice and/or to pay an administrative monetary penalty of up to $750,000 in the case of a first time occurrence by an individual and $10,000,000 in the case of a first time occurrence by a corporation. For subsequent orders, the penalties increase to a maximum of $1,000,000 in the case of an individual and $15,000,000 in the case of a corporation.
Although paragraph 74.01(1)(b) also relates to warranties and guarantees, and is considered in the Performance representations not based on adequate and proper tests section, paragraph 74.01(1)(c) operates where the warranty or guarantee is itself misleading or where there is no reasonable prospect that it will be honoured. It also covers warranties that deceptively reduce a purchaser's usual rights as well as guarantees that are otherwise useless.
Misleading product warranties and guarantees
Paragraph 74.01(1)(c) of the Competition Act is a civil provision. It prohibits the making, or the permitting of the making, to the public, of any materially misleading product warranty or guarantee, or promise to replace, maintain or repair an article. This includes circumstances in which there is no reasonable prospect that the warranty, guarantee or promise will be carried out. Under this provision, it is not necessary to demonstrate that any person was deceived or misled; that any member of the public to whom the representation was made was within Canada; or that the representation was made in a place to which the public had access. Subsection 74.03(5) directs that the general impression conveyed by a representation, as well as its literal meaning, be taken into account when determining whether or not the representation is false or misleading in a material respect.
If a court determines that a person has engaged in conduct contrary to paragraph 74.01(1)(c), it may order the person not to engage in such conduct, to publish a corrective notice and/or to pay an administrative monetary penalty of up to $750,000 in the case of a first time occurrence by an individual and $10,000,000 in the case of a first time occurrence by a corporation. For subsequent orders, the penalties increase to a maximum of $1,000,000 in the case of an individual and $15,000,000 in the case of a corporation.
Although paragraph 74.01(1)(b) also relates to warranties and guarantees, and is considered in the Performance representations not based on adequate and proper tests section, paragraph 74.01(1)(c) operates where the warranty or guarantee is itself misleading or where there is no reasonable prospect that it will be honoured. It also covers warranties that deceptively reduce a purchaser's usual rights as well as guarantees that are otherwise useless.
I hope this helps anyone from getting scammed. Spread the word so retailers are more aware of the suffering the legal system can place on them.
