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Ontario|Consumer LawOther 813 Making consumer complaints If you have been the victim of a consumer scam or bad business practice, you have rights and remedies under the law. Ontario's Business Practices Act sets out a detailed list of activities that are regarded as improper business behaviour toward consumers. These are divided into two categories: activities which are called "unfair practices"; and those called "unconscionable consumer representations".
- Unfair Practices
The "unfair practices" category covers misrepresentations made to a consumer by a business in order to get the consumer to buy a product or service. Unfair practices include:
o saying that used goods are new or unused
o saying that goods or services are sponsored or approved when they are not
o saying there is a price advantage when there is not
o saying that a service or repair is needed that isn't
o failing to state important facts about the goods or services
o promising that an item can be returned or a refund obtained when it can't be
- Unconscionable Consumer Representations
An "unconscionable consumer representation" happens when a business takes advantage of a consumer because of the consumer's weaker position. For example, if a seller knows that a buyer cannot read English, and has them sign an English language contract that says something different from what was promised, this would be an unconscionable consumer representation.
Other examples include:
o if the seller knows that the goods or services will not be of any use to the consumer
o the seller knows that the consumer will not be able to pay
o the seller uses undue pressure to get the consumer to sign an agreement or to purchase goods
o the seller takes advantage of a consumer's disability, illiteracy or
ignorance in order to make the sale
- Rights and Remedies
If you have been the victim of either an unfair practice or an unconscionable consumer representation, the Business Practices Act gives you the right to cancel your contract within 6 months of signing it, and to receive back any money you paid. You can make a complaint about your contract to the Ministry of Consumer & Business Services if you have cancelled the contract within 6 months and have not received your money back. You are also entitled to go to court to claim the money.
Even if more than 6 months has passed, you may be entitled to go to court and sue the business for your money on the basis that they took money from you under an invalid or improper contract.
For more information on business practices and making a consumer complaint, contact the Ministry of Consumer & Business Services.
For more information about suing a business because of a consumer contract, you can refer to the Small Claims Court section of Legal Line , or contact a lawyer or legal clinic.
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