Law Talk: Consumer concerns in the mail
Even as we communicate more and more
online, mail remains an important medium
for commercial interactions. Unfortunately,
this also means that some consumers continue
to be victims of mail order fraud. In
Canada, mail transactions are governed by a
patchwork of legislation: federally, consumers
are protected by the Competition Act
and the Criminal Code of Canada, and
provincially, by the Consumer Protection
Act, 2002.
The Competition Act is a federal law governing most business conduct in Canada. It contains both criminal and civil provisions, and is administered by the Competition Bureau, which has broad investigative powers and the power to levy significant fines. Convictions under this Act can result in fines of up to $200,000, imprisonment for a term not exceeding one year, or both.
Mail order fraud is an offence under the Criminal Code of Canada. Law enforcement agencies across Canada, in cooperation with the Ontario Ministry of Consumer Services, target mail order fraud with Phonebusters, a national centre that handles complaints and educates the public about fraudulent telemarketing, mail and Internet-based pitches.
If at least one party is located in Ontario, mail agreements for goods or services that exceed $50 are governed by the Consumer Protection Act, 2002. This Act is administered by the Ministry of Consumer Services, which can investigate any complaint received. An individual convicted of an offence under the Act can be liable of a fine of up to $50,000, a two-year prison term, or both. A corporation that is convicted of an offence under the Act is liable to a fine of up to $250,000.
Mail agreements
When purchasing something by mail, retailers must provide the name, address, and telephone number of the company, the goods ordered, the date of the order, and the amount and method of payment. The agreement can be cancelled if the company does not disclose this information before a consumer enters into the agreement, or if a written copy of the agreement is not received within 30 days of the billing date or 60 days of when the consumer entered into the agreement, whichever comes first. You should always keep your copy of the receipt. Never send money for free merchandise and services, never give credit card numbers or any personal information to any unknown organization, deal only with reputable companies or charities, read the offer carefully, and if possible, get advice from a person you trust.
Unsolicited goods
Unless the goods were sent to the wrong address, the Act says you are not obligated to accept or pay for any unsolicited merchandise you receive in the mail, even if you use the goods. If you do end up paying for unsolicited goods or services, you may demand a refund within one year of making the payment. As long as your demand of a refund is clear, this notice may be expressed in any way, but it is always best to notify the business in writing by fax, e-mail or registered mail.
Take Action
The Ontario Ministry of Consumer Services can be reached at www.ontario.ca under Consumer Protection or call 416-326- 8800 or 1-800-889-9768; TTY: 416-229- 6086 or 1-877-666-6545. Phonebusters can be reached at www.phonebusters.com or 1- 888-495-8501.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
The Competition Act is a federal law governing most business conduct in Canada. It contains both criminal and civil provisions, and is administered by the Competition Bureau, which has broad investigative powers and the power to levy significant fines. Convictions under this Act can result in fines of up to $200,000, imprisonment for a term not exceeding one year, or both.
Mail order fraud is an offence under the Criminal Code of Canada. Law enforcement agencies across Canada, in cooperation with the Ontario Ministry of Consumer Services, target mail order fraud with Phonebusters, a national centre that handles complaints and educates the public about fraudulent telemarketing, mail and Internet-based pitches.
If at least one party is located in Ontario, mail agreements for goods or services that exceed $50 are governed by the Consumer Protection Act, 2002. This Act is administered by the Ministry of Consumer Services, which can investigate any complaint received. An individual convicted of an offence under the Act can be liable of a fine of up to $50,000, a two-year prison term, or both. A corporation that is convicted of an offence under the Act is liable to a fine of up to $250,000.
Mail agreements
When purchasing something by mail, retailers must provide the name, address, and telephone number of the company, the goods ordered, the date of the order, and the amount and method of payment. The agreement can be cancelled if the company does not disclose this information before a consumer enters into the agreement, or if a written copy of the agreement is not received within 30 days of the billing date or 60 days of when the consumer entered into the agreement, whichever comes first. You should always keep your copy of the receipt. Never send money for free merchandise and services, never give credit card numbers or any personal information to any unknown organization, deal only with reputable companies or charities, read the offer carefully, and if possible, get advice from a person you trust.
Unsolicited goods
Unless the goods were sent to the wrong address, the Act says you are not obligated to accept or pay for any unsolicited merchandise you receive in the mail, even if you use the goods. If you do end up paying for unsolicited goods or services, you may demand a refund within one year of making the payment. As long as your demand of a refund is clear, this notice may be expressed in any way, but it is always best to notify the business in writing by fax, e-mail or registered mail.
Take Action
The Ontario Ministry of Consumer Services can be reached at www.ontario.ca under Consumer Protection or call 416-326- 8800 or 1-800-889-9768; TTY: 416-229- 6086 or 1-877-666-6545. Phonebusters can be reached at www.phonebusters.com or 1- 888-495-8501.
This column provides legal information only and is produced by the students of Community Legal Services and Pro Bono Students Canada (UWO). The information is accurate as of the date of publication. Laws change frequently so we caution readers from relying on this information if some time has passed since publication. If you need legal advice please contact a lawyer, community legal clinic or the Lawyer Referral Service at 1-900-565-4LRS. You can contact Community Legal Services to book an appointment to discuss your legal issue or mediation services. Fanshawe College students may also book an appointment to attend our outreach clinic at the college. Please call us at 519-661-3352 with any inquires or to book an appointment.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
