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story category Bell Faces Class Action Lawsuit for Throttling
Consumer group wants 80% of customers' bills returned to them
(old news - 10:59AM Saturday May 31 2008)
tags: legal · Fileswapping · business · world · Bell Sympatico
Consumers have come together in Canada in a class action lawsuit against Bell Canada for the company’s practice of throttling traffic. There are two charges involved in the lawsuit. The first is for false advertising; the company had advertised the offer of a constant speed at all times which isn’t true if throttling is going on. And the second is for violating users’ privacy through the use of deep packet inspection. Those filing the suit say that the ISP throttles about eighty percent of the time and they are therefore seeking a return of eighty percent of the customers’ monthly subscriptions along with additional fees for each of the two violations.

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Forums » Bell Faces Class Action Lawsuit for Throttling
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chronoss2008
Premium
join:2008-03-29

Only in QUEBEC

UM this is only IN QUEBEC
NOT the rest of canada , seems no other lawyers have any balls or any rich kids money to doante to the BS bell has put people though.....

Devanchya
Smile
Premium
join:2003-12-09
Ajax, ON
·Bell Sympatico

Re: Only in QUEBEC

It's only in Quebec, because it's a Civil case, which is not possible outside of Quebec in Canada.

Quebec has a completely different legal system than the rest of Canada and the US.

That's the main reason why most contests are not valid in QC.

adisor19

join:2004-10-11

Re: Only in QUEBEC

Indeed. Times like these make me proud to be a Quebecker
The little man stand up to the monopolistic practices of Hell.

Adi

n2jtx

join:2001-01-13
Glen Head, NY
·Optimum Online

said by Devanchya See Profile :

It's only in Quebec, because it's a Civil case, which is not possible outside of Quebec in Canada.

Quebec has a completely different legal system than the rest of Canada and the US.
Only for civil cases, not criminal cases. Criminal code is uniform throughout Canada (which is a hell of a lot better than what we have here in the United States). The rest of Canada and the United States is derived from English Common Law. Quebec is derived from Code Napoléon.

LiamJunket
Premium
join:2002-03-03
Ocean City, NJ

Waste of time; lawsuit can't beat legal muscle of Bell

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
geowil

join:2008-04-20
Laveen, AZ
·Qwest.net
·Cox HSI


1 edit

Re: Waste of time; lawsuit can't beat legal muscle of Bell

said by LiamJunket See Profile :

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
what ever happened to honest to god politics? it makes me ill to think how judges and DA's and etc can be bought. guess it just goes to show how morally bankrupt the world is these days.

then again, isnt that illegal? i know somewhere on this planet it has to be xD.

Manitobain

@shawcable.net

Re: Waste of time; lawsuit can't beat legal muscle of Bell

Corrupt Judges?

Harper is trying to get the right wing religious nutcase Vic Toews installed as a judge in Manitoba.

Now...THAT is scary.

Kardinal
Canadair CT-114 Tutor
Premium
join:2001-02-04
N of 49th
clubs:
·Bell Sympatico

said by LiamJunket See Profile :

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
This is the same province who's judges just re-wrote the interpretation of law (in the opinion of the majority of legal opinions) with the court of appeal's overturning of a lower court ruling about BCE bondholders and the pending takeover of the company by OTPP. We'll see how the Supreme Court goes on that one, but never underestimate the Quebec court system's ability to interpret the law in new and interesting ways -- it's a bit like the SCOTUS and election results.
--
All of us get lost in the darkness, dreamers learn to steer by the stars
All of us do time in the gutter, dreamers turn to look at the cars -- Peart/Lee/Lifeson
Join Team Helix

TOPDAWG
Premium
join:2005-04-27
Midland, ON
Ever time this stuff in Canada is talked about you make a post. Have you ever even lived in Canada?

Quake110

join:2003-12-20
Ottawa, ON
·Velcom

said by LiamJunket See Profile :

The lawsuit won't get very far - even in Quebec. Bell has too much money and legal muscle for it to succeed. If they have to they will just buy the usual corrupt judges in Quebec.
Just a question, have you lived in Québec to make that assumption?
bathurst

join:2005-05-29
Davis, CA
Doing what's right may fail continuously, but this is never a waste of one's time.

Bruce

Quake110

join:2003-12-20
Ottawa, ON

2 edits

Only in Québec... as others noted

But it should be interesting because Québec uses the civil law, hence, they are not bound by precedents like in the common law.
lrtc

join:2004-06-05
Toronto

Why?

Why just bell I mean rogers does it to?

metalhawk

join:2007-02-06
Nepean, ON

Re: Why?

said by lrtc See Profile :

Why just bell I mean rogers does it to?
Because Rogers isn't available in Quebec.

Jackoxs

@telus.net

Fight The Power.

Its about time someone took a stand!
amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

Contradiction?

I don't understand the part about throttling being inconsistent with constant speed guarantees. If my ISP guaranteed constant speed, to me that would mean making sure some users don't consume all the bandwidth. It would imply throttling to me. Not unlimited bandwidth.

Mark
Roop

join:2003-11-15
Ottawa, ON
·Internet Telephone..

Re: Contradiction?

what is of significant importance is bell is deciding that bittorrent traffic is not as high a priority as other traffic. what's being fought for is to keep telecom companies from prioritizing traffic based on it's content.

they also have bandwidth caps ontop of this.

said by amigo_boy See Profile :

I don't understand the part about throttling being inconsistent with constant speed guarantees. If my ISP guaranteed constant speed, to me that would mean making sure some users don't consume all the bandwidth. It would imply throttling to me. Not unlimited bandwidth.

Mark
amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com


1 edit

Re: Contradiction?

said by Roop See Profile :

what is of significant importance is bell is deciding that bittorrent traffic is not as high a priority as other traffic.
It still seems like a stretch to say throttling is inconsistent with guaranteed constant speed. If my ISP made that promise, I would assume this means they are going to throttle things so everyone can have constant speeds.

Also, throttling BT doesn't seem earth shattering to me. If a bunch of people were using http to download files in a batch-like manner, I'd expect it to be lower priority. If they're serving packets they received, I could see even greater reason to throttle it.

If people oppose this, that's ok. But, using "constant speed" as the argument doesn't seem to be the issue. It looks more like they want batch, non-interactive services to be as fast as interactive. And, they want to perform server operations.

Mark

Jcab

@bell.ca

80% ??

Anyone have the explanation of 80%?? I thought the throttling was only in the evening... How is that 80%??

chronoss2008
Premium
join:2008-03-29
·TekSavvy Solutions..
·Bell Sympatico


4 edits

Boy are you guys stupid

you make it sound like rest of canada has no civil authority
THEY DO
AND BELL CAN BE SUED civilly class action wise ANYWHERE

SONY was sued class action in ontario
and have a look at all the class action google can find
»www.google.ca/search?q=class+act···irefox-a

And i will note that sony class action that resulted in a win, if bell/rogers wish to continue spreading FUD to prevent ontario and other places from suing that is there prerogative but know that the rest of us aren't fooled.

We pleasantly await some nice soul with either the money to start it, or a kind lawyer who will go for it.
------------------------------
About Class Action Lawsuits in Canada

A class action allows one person, called a representative plaintiff, to start a lawsuit on behalf of himself/herself as well as all others who fit into the defined class, subject to the rights of class members to withdraw or opt-out. This means that a single person can commence a class action on behalf of hundreds or thousands of people.

Ontario, British Columbia, Quebec, Saskatchewan and Newfoundland are the only five provinces in Canada with Class Action Legislation in effect. The Supreme Court of Canada has recently ruled that court procedures allowing representative actions can be interpreted so as to allow for class actions.

Class action legislation in Canada allows greater access to justice by permitting groups of people who are similarly affected to join together in commencing legal action.

»www.avalanchesearch.com/classactionlaw/

I am going to call the number will you?
amigo_boy

join:2005-07-22
Tempe, AZ
·Cox HSI
·magicjack.com

Re: Boy are you guys stupid

said by chronoss2008 See Profile :

I am going to call the number will you?
You guys have been tainted by your American neighbors, who use civil suits to accomplish political goals.

Mark
soundmandoug

join:2004-02-06
Sudbury, ON

Throttling make Sympatico loose yet another customer

Bittorrent has slowed to snails pace in my home.
I just informed Bell that they lost me as a subscriber. In my opinion, I am like many other people I have zero need for high speed without bittorrent. My old 56k modem is fine for email. And in fact I can get greatr speeds from the free cafe and hotel Wifis in my neighborhood for the rare google seachs i do.
THere is only one reason for us needing high speed connections and we all know what that is. So if Bell whants to chop off the hand that feeds it I don't care. I'll just save money in the long run by using another provider or none at all.
soundmandoug

join:2004-02-06
Sudbury, ON

Re: Throttling make Sympatico loose yet another customer

I have also refused to pay my outstanding bill since this is NOT what I agreed to. UNLIMITED 6Megs is what I agreed to pay for not this crap.
Forums » Bell Faces Class Action Lawsuit for Throttling


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