Cogeco Had Been Misleading Consumers About DTV Transition

[ota_canuck]

What these BDUs are doing is illegal and it's no different than if a Ford dealer told you that you really should buy a Ford product because GM is going out of business soon so you won't be able to get service and parts if you buy a GM product. It's clearly false, misleading and there are laws against using these types of tactics to sell any product. Why is the CRTC not addressing this issue?

[stampeder]

Complain to Cogeco in text form, keeping a copy of everything you send and everything you hopefully receive. If your response from Cogeco is unsatisfactory, bundle it all and enter a complaint with the CRTC. Try not to use "he said, she said" evidence from other people - just your own.

This thread is about Cogeco's actions, not about the CRTC.

I'm wondering if what Cogeco is saying amounts to false advertising, which falls under consumer protection laws as opposed to the license regulator of broadcasting.

[roger1818]

I wonder if Market Place on CBC would be interested in doing a "Busted" segment on this?

[ota_canuck]

I would say that under the Consumer Protection Act, 2002 [Ontario Canada] that Cogeco is breaking the law.

See items #10 & #14: exaggeration, innuendo, ambiguity and false representation that a service is needed or advisable, if it is not.

PART III
UNFAIR PRACTICES

False, misleading or deceptive representation

14. (1) It is an unfair practice for a person to make a false, misleading or deceptive representation. 2002, c. 30, Sched. A, s.

Examples of false, misleading or deceptive representations

(2) Without limiting the generality of what constitutes a false, misleading or deceptive representation, the following are included as false, misleading or deceptive representations:

1. A representation that the goods or services have sponsorship, approval, performance characteristics, accessories, uses, ingredients, benefits or qualities they do not have.

2. A representation that the person who is to supply the goods or services has sponsorship, approval, status, affiliation or connection the person does not have.

3. A representation that the goods or services are of a particular standard, quality, grade, style or model, if they are not.

4. A representation that the goods are new, or unused, if they are not or are reconditioned or reclaimed, but the reasonable use of goods to enable the person to service, prepare, test and deliver the goods does not result in the goods being deemed to be used for the purposes of this paragraph.

5. A representation that the goods have been used to an extent that is materially different from the fact.

6. A representation that the goods or services are available for a reason that does not exist.

7. A representation that the goods or services have been supplied in accordance with a previous representation, if they have not.

8. A representation that the goods or services or any part of them are available or can be delivered or performed when the person making the representation knows or ought to know they are not available or cannot be delivered or performed.

9. A representation that the goods or services or any part of them will be available or can be delivered or performed by a specified time when the person making the representation knows or ought to know they will not be available or cannot be delivered or performed by the specified time.

10. A representation that a service, part, replacement or repair is needed or advisable, if it is not.

11. A representation that a specific price advantage exists, if it does not.

12. A representation that misrepresents the authority of a salesperson, representative, employee or agent to negotiate the final terms of the agreement.

13. A representation that the transaction involves or does not involve rights, remedies or obligations if the representation is false, misleading or deceptive.

14. A representation using exaggeration, innuendo or ambiguity as to a material fact or failing to state a material fact if such use or failure deceives or tends to deceive.

15. A representation that misrepresents the purpose or intent of any solicitation of or any communication with a consumer.

16. A representation that misrepresents the purpose of any charge or proposed charge.

17. A representation that misrepresents or exaggerates the benefits that are likely to flow to a consumer if the consumer helps a person obtain new or potential customers. 2002, c. 30, Sched. A, s. 14 (2).

http://www.e-laws.gov.on.ca/html/sta...es_02c30_e.htm

[stampeder]

Good find! There has to be a complaint form somewhere on line, or I'd suggest asking your local MPP for info on how to lodge a complaint.

[ota_canuck]

As roger1818 said, using someone like Market Place on CBC to expose the truth may be the best route. Without exposure of this type of practice, consumers will unknowingly continue to believe that free OTA will die August 2011 unless they buy into cable services.

[majortom]

That might help, for someone that watches CBC. But there's no guarantee
every Canadian viewer would see it, especially if it only aired once. An even better strategy, albeit would depend on ur gov't having some cohunas to actually step in , and do something...might be some mandatory public airtime during primetime hours, devoted to publicizing the facts regarding the Canadian OTA digital transition. Literally bombarding the public so there's no excuse for anyone not to be informed.
During local and national newscasts, during popular primetime shows, and yes of course, on Saturday Nights right in the middle of Hockey Night in Canada.

Much like what was done here in the US during the year or so leading up to the Analog shutdown. We did it here, so can you folks
in the Great White North..

[bubba]

no, the point of the CBC program is not that everyone watches it. It is that it makes it public and puts pressure one them.

[nakedgord]

I hope this BS from Cogeco will cause supporters of OTA in areas serviced by Cogeco to consider cancelling any internet and phone services they may have with them in protest.

Oh and in addition to Marketplace I believe the Toronto Star also has a consumer advocate type column.

[jgconnor]

Originally Posted by nakedgord

I hope this BS from Cogeco will cause supporters of OTA in areas serviced by Cogeco to consider cancelling any internet and phone services they may have with them in protest.

Not yet. But I will. I've dumped TV and phone service with Cogeco, in favour of OTA and VOIP and will move my Internet service to Teksavvy as soon as they are in Cogeco-land.

[stampeder]

Here's hoping Cogeco staff become properly informed, no matter which methods the public must use to achieve that.

We're not on the topic of how various authorities have handled/mishandled the DTV transition, which has been discussed in great detail in existing threads. Posts in this thread about that general topic have been deleted.

[DSgamby]

Originally Posted by ota_canuck

Right now Shaw and Cogeco make their current and potential customers believe that antenna won't work after the shutdown and the CRTC in an email reply to me about Cogeco's misleading ad campaign says they won't get involved with third party policy. The CRTC referred my email to Cogeco and Cogeco will only respond if I have an account with them.

I don't know about Cogeco, but I have never seen any Digital Transition commercials on Shaw.

Their Digital Transition page http://www.shaw.ca/en-ca/ProductsSer...Transition.htm looks fine and doesn't mislead readers.

[ota_canuck]

Well it does appear that Shaw is playing a fair game, Kudos to Shaw. But Cogeco? Well hopefully consumers will question Cogeco's misleading advertising methods.

What if I subscribe to Shaw cable but also use other television sets not connected to cable, for example, the TV set that I use in the kitchen?

You will need to connect all your television sets to the cable. Shaw can arrange for additional outlets to be set up in your home. Alternatively, you could purchase an over-the-air digital converter box, or purchase a new television set that has an over-the-air digital tuner. However, you will only be able to receive over-the air television signals available in your market (generally there are only 4 or 5 of these, less in smaller markets). You will not be able to receive cable delivered channels without connecting it to the cable.
http://www.shaw.ca/en-ca/ProductsSer...Transition.htm

[DSgamby]

Cogeco site is pretty good as well

Is there going to be a digital transition in Canada like the one done in the U.S.?

Yes, the Canadian digital transition is scheduled for August 2011. Similar to the U.S. switch, this will only affect people using an antennae to get their signal over the air. Anyone with cable service, including analog, will continue to receive the same channels without the need for any special equipment.

http://www.cogeco.ca/cable/on/en/cus...d=faqcontent12

[stampeder]

It appears that Cogeco has now cleaned up their FAQ and other misleading DTV info from before - is that a correct assumption?