VANCOUVER, Feb. 4 /CNW/ - A class action lawsuit filed in the Federal
Court of Canada against Calgary-based Shaw Cablesystems G.P. alleges an
illegal practice with respect to the disclosure of interest charges on
The suit was filed January 31, 2011 by the law firm of Poyner Baxter LLP
of North Vancouver, alleging a violation of the federal Interest Act.
Such a suit is typically brought in the name of one or more individuals
as "representative of a class," and, if successful, would apply to all
charges imposed by Shaw on overdue accounts during the past six years
pursuant to the Statute of Limitations.
"Shaw's practice of charging an interest penalty on overdue accounts is
neither uncommon nor illegal, nor is the rate of two per cent," said
lawyer Jim Poyner. "However, the Interest Act specifically requires
that the annualized rate be fully disclosed to consumers which, in this
case, is two percent compounded monthly, effectively 26.8 per cent per
annum. If not disclosed, the law is very clear: the maximum rate that
can be charged is five per cent per annum."
Most firms comply with the law by clearly stating all penalties on their
statements. Others provide direct links to specific information on
their web sites. "No such information or direction exists on the Shaw
statements. If one mines down deeply enough on the Shaw web site, the
information can be found, but those who can find it deserve a prize,"
Shaw provides cable services in multiple locations throughout Canada,
principally from Thunder Bay and Sault St. Marie west, and dominantly
in British Columbia and Alberta.
The Statement of Claim filed in the Federal Court cites "egregious
conduct" and seeks a refund, interest and costs on behalf of all Shaw
customers who paid overdue penalties during the past six years.
The complete text of the Statement of Claim can be found at www.poynerbaxter.com.
SOURCE Poyner Baxter LLP
For further information:
Poyner Baxter, Suite 408 - 145 Chadwick Court North Vancouver, B.C. V7M 3K1
Tel: 604.988 6321 Fax: 604.988 3632 e-mail: email@example.com
web site: www.poynerbaxter.com