On May 5, 2021, our firm filed an application for authorization to bring a class action against Brossard Hyundai. This claim seeks reimbursement of additional expenses paid, which were not included in the prices advertised in-store or online, as well as damages and punitive damages.
Illegal fees
The Consumer Protection Act imposes strict obligations on merchants to allow Quebec consumers to have complete information before obtaining a good or service.
Under section 224 (c) of the Act, traders may not charge, by any means, a price higher than that advertised. Therefore, all fees, with the exception of taxes, must be included in the initial advertised price, and the merchant may not add any fees not included in the advertised selling price, such as an inspection fee or administrative fee.
The legislator thus wants to put an end to the practice of price decomposition, by forcing the merchant to announce the right price from the outset and avoid that he adds fees when proceeding with the purchase of a good or service.
The story of our clients
Ms. Massicotte and Ms. Nam each wanted to buy a used vehicle that Brossard Hyundai announced online.
After inspection of the vehicles and satisfied with their price corresponding to the advertised prices, they each made a deposit.
However, when they read the sales contract, they noticed that a fee of $429 and $529 called “Forfait Brossard Hyundai” had been added to the price of the vehicle.
Ms. Massicotte refused to pay these fees and maintained her offer to purchase at the posted price, but Brossard Hyundai decided to end the sale of the vehicle, thereby causing harm to Ms. Massicotte.
Ms. Nam, for her part, paid these fees without knowing that they were illegal.
The target group
All consumers who, since November 21, 2017, have paid or been required to pay an amount higher than that initially announced by the defendant when purchasing a vehicle or after expressing their intention to purchase a vehicle;
Applications lodged with the Court
Application for authorization to bring a class action
Current status of the file
Pending authorization by a judge of the Superior Court.
How do I be part of the class action?
If you fall within the definition of the class that is the subject of this class action, you are automatically part of the class action.
We invite you to send us any relevant document (announcements, offer to purchase, sales contract, etc.) by email to actioncollectivehyundai@gmail.com.
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