Bernstein v. Peoples Trust Company
Consumer Class Action
UPDATE: June 5, 2017: Distribution of the Notice of Certification
The Superior Court of Justice has approved the Notice of Certification and has issued an order concerning its distribution. The Order and Notice of Certification explain to potential class members what they must to in order to remain in or opt out of the class proceeding.
UPDATE – March 30, 2016: Court issues Certification Order
The Superior Court of Justice has released the Certification Order. The Certification Order defines the class as follows:
All consumers within the meaning of the Consumer Protection Act, 2002, SO 2002, c. 30, Sch A (“CPA”) in Ontario, who were Cardholders, between November 29, 2011 and April 30, 2014, of Prepaid Cards, sold and/or issued by Peoples Trust Company.
UPDATE – January 31, 2017: The class action has been certified
The Ontario Superior Court of Justice has certified the class action against Peoples Trust Company and Peoples Card Services LLP. This means that the lawsuit can proceed as a class action.
You can read the decision here.
The specific definition of the class will be clarified in the next few days.
The next step is the discovery process, in which the parties will exchange all relevant documents and other evidence relating to the issues in the class action. The case will then proceed to a hearing on the merits.
What the class action is about:
On May 26 2014, a proposed class action was commenced against Peoples Trust Company and Peoples Card Services LLP on behalf of a class of consumers in Ontario. The lawsuit alleges that the defendants breached the Ontario Consumer Protection Act by extracting unauthorized and illegal fees from prepaid credit cards they sold. The claim seeks damages of $100,000,000.00.
The representative plaintiff:
The lead plaintiff is Joyce Bernstein, who in September, 2010 obtained a prepaid visa card branded with the name “Vanilla Prepaid Visa”. The Vanilla Prepaid Visa card, which the defendants issued, stated on it that it was “valid thru to 04/14”. In September, 2013, and despite never having used her card, Ms. Bernstein learned that all the amounts on her card had been seized by Peoples.
Frequently Asked Questions about class actions.