Prepaid Credit Card Class Action
Prepaid Credit Card National Class Action
In September 2014, a putative national class action was filed in the Supreme Court of British Columbia and the Court of Queen’s Bench in Saskatchewan alleging that Amex Bank of Canada, Peoples Trust Company, Vancouver City Savings Credit Union ("Vancity"), Citizens Bank of Canada, and All Trans Financial Services Credit Union Limited have violated consumer protection laws by charging fees on its Visa, MasterCard, and American Express branded prepaid cards and also allowing these cards to expire.
These actions seek a court order requiring the defendants to compensate consumers for expired balances and refund all fees paid.
If the action is certified by the Supreme Court of British Columbia to proceed as a class action, affected consumers who reside in British Columbia will be automatically included as a class member. If the action is also certified by the Court of Queen’s Bench in Saskatchewan to proceed as a class action, affected consumers in all of Canada (including Quebec) will be automatically included as a class member.
To receive updates on the progress of this lawsuit, please subscribe to our Mailing List below. Joining the mailing list does not create any financial obligation.
Please safely keep all your records including: the prepaid card, the packaging, activation receipts, statements, and receipts for transactions utilizing the prepaid card, etc.
|January 2020||Hearing date to be fixed for approval of partial settlement with Amex Bank of Canada.|
|November 2019||The Supreme Court of Canada dismisses the Defendants' appeal of the certification decision.|
|August 2019||The Defendants file a leave to appeal application to the Supreme Court of Canada.|
|May 2, 2019||The Court of Appeal dismisses the Defendants' appeal.|
|March 27, 2019||Defendants file appeal of the Supreme Court of British Columbia certification order.|
|March 1, 2018||The Supreme Court of British Columbia certifies the class action. Decision can be found here.|
|March 17, 2017||The Court of Appeal for British Columbia releases the judgment for the appeal.|
|January 30, 2017||The Court of Appeal for British Columbia hears the appeal of the certification motion.|
|March 4, 2016||The representative plaintiff appeals the Supreme Court decision to the Court of Appeal for British Columbia|
|March 3, 2016||The British Columbia Supreme Court dismisses the certification motion.|
|October 19-23, 2015||The British Columbia Supreme Court hearing of the class action certification motion.|
|September 19, 2014||Proposed Class Action lawsuits were filed in British Columbia and Saskatchewan Courts.|
|November 1, 2008||The British Columbia Legislative Assembly enacts prepaid purchase card laws prohibiting expiry dates and most fees.|
Am I part of these class actions?
These proposed class actions are national class actions. It covers all residents of Canada who purchase, received, or acquired a prepaid card issued by any of the Defendants.
When the class action is certified in British Columbia, affected consumers residing in British Columbia who fall within the class description are automatically included in the case.
When the class action is certified in Saskatchewan, affected consumers residing in the rest of Canada (including Quebec) who fall within the class description are automatically included in the case.
Precise criteria for being a class member and the procedures for joining are still to be decided by the Courts. Please join out mailing list to ensure you receive the latest updates.
Do I need to take any action to be part of this case now?
No action is required at this point. However, please keep all your records including: the prepaid card, the packaging, activation receipts, statements, and receipts for transactions utilizing the prepaid card, etc..
You may also subscribe to our mailing list for updates on the next steps.
Can I still commence an individual action (e.g. Small Claims case)?
A class action does not preclude you from pursing the matter individually in court. However, as part of the class action procedure, the Court may stay or suspend any individual actions or similar actions that are pending in order to conserve judicial resources and avoid both a multiplicity of proceedings and contradictory outcomes. Evolink Law Group cannot advise you in an individual action. Please consult your lawyer if you plan to proceed individually.
Will class members be liable for the defendants’ legal fees if the class actions does not succeed?
Class members are not liable for the defendants’ legal fees if this action does not succeed.
When will I hear further information about this class action?
The certification motion hearing for this class action was heard in British Columbia in October 2015. The BC Supreme Court dismissed the certification application on March 3, 2016
An appeal was brought and the appeal was heard by the Court of Appeal for British Columbia on January 30, 2017. Judgment has been reserved until March 17, 2017.
We will notify those that have signed up to our Mailing List on the next steps and when they expect a notice from the Court(s).
What are we asking for in this class action against the defendants?
The class actions are seeking to recover compensation from the defendants for all the fees collected for its Visa, MasterCard, and American Express branded prepaid cards since November 1, 2008. The class actions also seek a refund of all balances that have been seized due to expiry of the Visa, MasterCard, and American Express branded prepaid cards.