|PORTER AGREES TO AMICABLY SETTLE CLASS ACTION |
|Carrier was accused of violating Consumer Protection Act which states that advertised prices must include taxes, fees and additional charges|
Porter Airlines and the Union des consommateurs (Consumer’s Union of Quebec) have agreed to amicably settle the class action filed by the organization on behalf of Quebec consumer Tanya Bergeron. |
The carrier was accused of having violated section 224c of the Consumer Protection Act which states that advertised prices must include taxes, fees and additional charges.
A class action lawsuit on the same grounds was also filed by the Union des consommateurs against Air Canada on behalf of Michael Silas of Montreal. However, no agreement was reached in the case, which was heard by the Quebec Superior Court in mid-February. A ruling is expected in the coming weeks.
The two cases are being led by François Lebeau of the Montreal law firm Unterberg, Labelle, Lebeau. In both cases, the claimants are asking for a refund of sums paid in addition to the advertised price, as well as a lump sum of $100 in punitive damages to any traveller who purchased a plane ticket between July 1, 2010 and Jan. 31, 2012.
In Air Canada’s case, this sum will total in the tens of millions of dollars, with several hundred thousand consumers eligible for compensation.
“Porter chose to settle the case amicably prior to the hearing scheduled for July 28,” said Charles Tanguay, spokesperson, Union des consommateurs.
The amicable agreement states that eligible consumers that request compensation will receive a “compensatory discount” of 15 per cent off the base fare, applied toward the purchase of a one-way or round-trip ticket, for a flight originating in Montreal or Quebec City to any destination served by Porter, without any restriction other than seat availability at the time the reservations are made, and subject to the loading schedules and itineraries published by Porter at the time the reservations are made.
The compensatory discount will only be valid for reservations made no later than on the last day of the sixth month following the sending of the Notice of Judgment Approving the Settlement.
The compensatory discount may not be used in conjunction with a promotion or discount already offered by Porter on the chosen flight, including any corporate discounts granted by Porter.
Compensatory discounts are not currently available. The settlement is subject to court approval, after the hearing on July 26, 2012 at 9:30 a.m. If the court approves the settlement, Porter will send notice by email to all eligible customers for whom Porter has an email address. The notice will include the access code and instructions for using it.
- translated by Zachary-Cy Vanasse