March 19, 2019 - According to a report released today by Option consommateurs, Canadian consumers are poorly protected in the event of online price display errors. According to Me Elise Thériault, budget consultant at Option consommateurs, "Quebecers benefit from a much clearer and more protective legal regime than the rest of Canadians".
To reach this conclusion, Option consommateurs carried out legal research on the various provincial laws (Quebec, Ontario, Alberta and British Columbia) and analyzed the judgments handed down by the courts in recent years. "Our research revealed that the laws in force in the other Canadian provinces do not necessarily allow consumers to demand that a merchant honor an order placed online. In fact, the merchant can invoke the error to refuse to deliver the merchandise, which is not possible in Quebec," says Me Elise Thériault, one of the study's authors.
This study also shows that most of the terms of use on the websites of companies doing business in Canada contain clauses that are illegal under provincial law.
"There are all kinds of illegal clauses. In particular, clauses that have the effect of saying that an online order is not a contract, or that the law of the consumer's province of residence does not apply. This has the effect of making consumers believe that they have fewer rights than they actually do, and discourages them from asserting those rights," says Me Thériault.
Online pricing errors affect many Canadian consumers. According to the results of a survey of 1,000 Canadians, 24% said they had already purchased a product at the wrong price. What's more, the phenomenon seems to be on the rise, with cases reported in the national and international media increasing significantly in recent years.
Option consommateurs recommends that provincial legislators follow Quebec's lead in adopting specific provisions to protect Canadian consumers who shop online, clearly stating that an order placed constitutes the conclusion of a contract, and prohibiting merchants from refusing to honor a validly placed order.
Option consommateurs also recommends that merchants make the necessary IT investments to prevent cases of pricing errors on the Internet. And in the event that a price display error does occur, Option consommateurs recommends that merchants promptly contact affected consumers to apologize and offer compensation.
The research, entitled "Bargain or technical problem? The advertised price error in Canadian online commerce" was carried out by Option consommateurs , thanks to a contribution from the Office of Consumer Affairs of Innovation, Science and Economic Development Canada.
Option consommateurs is a not-for-profit association whose mission is to defend the rights and interests of consumers. It is closely involved in issues related to personal finance, business practices, financial services, protection of personal information, energy, health and agri-food.
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For further information:
Elise Thériault, tel. : 514 777-6133
Consult the research report in French
