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Automatic Billing Practices In Ontario

Replies: 64

from the law offices of Lang, Michener, LLP

adrian brisee (View posts)
Posted: 5 Aug 2005 7:49PM GMT
Classification: Query
Adrian writes:
"The law states that they must send you a copy, seperate from what is in the browser:"

Pat wrote: "Where does the law say that? As you pointed out in your quotation, the requirement is that the agreement is transmitted "in a manner that ensures that the consumer is able to retain, print and access it for future reference, "

According to Andrew C. McLachlin an associate in the Intellectual Property Group in Toronto:

With respect to disclosure, the new Act will require that before a consumer enters into an Internet Agreement, the supplier (i.e., the seller) must disclose the following information to the consumer:

The name of the supplier and, if different, the name under which the supplier carries on business;
The telephone number of the supplier, the address of the premises from which the supplier conducts business and information respecting other ways, if any, in which the supplier can be contacted by the consumer, such as the fax number and e-mail address of the supplier;
A fair and accurate description of the goods and services proposed to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services;
An itemized list of the prices at which the goods and services are proposed to be supplied to the consumer, including taxes and shipping charges;
A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if the supplier can reasonably determine it;
The total amount that the supplier knows would be payable by the consumer under the agreement, including amounts that are required to be disclosed under paragraph 5, or, if the goods and services are proposed to be supplied during an indefinite period, the amount and frequency of periodic payments;
The terms and methods of payment;
As applicable, the date or dates on which delivery, commencement of performance, ongoing performance and completion of performance would occur;
For goods and services that would be delivered: i. the place to which they would be delivered, and ii. if the supplier holds out a specific manner of delivery and intends to charge the consumer for delivery, the manner in which the goods and services would be delivered, including the name of the carrier, if any, and the method of transportation that would be used;
For services that would be performed, the place where they would be performed, the person for whom they would be performed, the supplier’s method of performing them and, if the supplier holds out that a specific person other than the supplier would perform any of the services on the supplier’s behalf, the name of that person;
The rights, if any, that the supplier agrees the consumer will have in addition to the rights under the Act and the obligations, if any, by which the supplier agrees to be bound in addition to the obligations under the Act, in relation to cancellations, returns, exchanges and refunds;
If the agreement is to include a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance;
The currency in which amounts are expressed, if it is not Canadian currency; and
Any other restrictions, limitations and conditions that would be imposed by the supplier.
The new Act will also require that the supplier deliver a copy of the Internet Agreement to the consumer within 15 days after the consumer enters into the contract, and the agreement must include the information required to be disclosed, as described above, as well as the consumer’s name and the date upon which the agreement was entered into. In terms of delivery, the written copy of the Internet Agreement may be transmitted to the consumer by way of e-mail, by fax, by regular mail or by any other manner that allows the supplier to prove that the consumer received it. The new Consumer Protection Act, 2002 will also require that the supplier provide the consumer with an express opportunity to accept or decline the agreement and to correct errors immediately before entering into it.

source: http://www.langmichener.com/index.cfm?fuseaction=content.con...

Looks like the lawyers agree with what I said.
SubjectAuthorDate Posted
pasher44 5 Aug 2005 11:29PM GMT 
adrian brisee 6 Aug 2005 1:49AM GMT 
jimbrose 6 Aug 2005 2:20AM GMT 
adrian brisee 6 Aug 2005 3:49AM GMT 
FredRagsdale6... 6 Aug 2005 7:49AM GMT 
jimbrose 6 Aug 2005 3:14PM GMT 
pasher44 6 Aug 2005 12:24PM GMT 
Oliviaclare1 3 Aug 2005 7:16PM GMT 
Charley Schnellbacher 3 Aug 2005 8:41PM GMT 
Mr. David Oltmann 3 Aug 2005 9:34PM GMT 
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