Client: BITTON V. HOME DEPOT OF CANADA INC.
Date: November 2022
The Plaintiff alleges that during the Class Period, Amazon, Wayfair and Home Depot of Canada Inc. sold extended warranties for consumer electronics and home appliances in violation of section 228.1 of the Quebec Consumer Protection Act (“CPA”). In Quebec, the law imposes on merchants selling extended warranties the obligation to inform consumers of the existence and nature of Quebec’s legal warranty provided for in sections 37 and 38 CPA before proposing the purchase of a contract that includes an additional warranty on goods. For more information on Quebec’s Notice Concerning the Legal Warranty, you can visit the website of the Office de la protection du consommateur at www.opc.gouv.qc.ca.
Home Depot of Canada Inc. modified their business practice shortly after the filing of this class action and now adequately inform consumers with the required information pursuant to the CPA. The class action still seeks compensatory and punitive damages for the period of time during which they failed to do so in violation of the CPA (i.e. from February 17, 2019 to a date to be confirmed after September 1, 2022).
All consumers who, from February 7, 2019 to September 30, 2022, purchased an extended warranty on goods from the Home Depot mobile application(s) and/or website(s).
The purpose of this class action is to ensure that Home Depot will comply with Quebec’s CPA and to obtain compensatory damages in an amount to be determined, as well as punitive damages of $100 per Class Member.
For assistance, you may contact the Claims Administrator or class counsel:
|2022 11 07 Amended Application to Authorize|
|2023 04 03 Amazon’s Application|
|2023 10 27 Settlement Agreement (Home Depot) and Schedules Exhibit R 1|
|2023 11 03 Jugement approuvant les avis d’une audience.|
|2023 11 08 Jugement / Judgment|
|Schedule B 1 Long Form Notice of Hearing and Opt Out|
|Schedule B 2 Short Form Notice of Hearing and Opt Out|