Question about the $25/2 gig data plan?

**ceredon** · 05-20-2012, 02:49 PM

Originally Posted by WorldIRC

Mutual assent or meeting of the minds is destroyed by such actions as fraud, undue influence, duress (see per minas), mutual mistake, or misrepresentation

misrepresentation describes a situation where the other party provided untrue or fraudulent information in order to induce an agreement. In that case, the customer could certainly use it to get out of the contract. It would be more difficult for Rogers to argue that they deserve to let out of the agreement because they provided the misrepresentation. I don't see how misrepresentation could be applied to this discussion unless Rogers was intentionally making these mistakes.

Rogers arguing misrepresentation would be akin to them also arguing they were guilty of fraud, undue influence or duress and so would like the agreement they obtained through those actions to be nullified. The customer could make that argument but Rogers wouldn't really be a position to do so.

**WorldIRC** · 05-20-2012, 02:57 PM

Rogers wouldn't have to claim misrepresentation to exit the contract.

When Rogers calls the client to inform them of the unfortunate mistake, the will not be using words like contract and misrepresentation. They will simply state a mistake was made with the dealer / agent that initiated a contract. Then at this point, the hopefully educated client will be claiming misrepresentation and asking for resolution.

**ceredon** · 05-20-2012, 03:12 PM

Originally Posted by WorldIRC

Rogers wouldn't have to claim misrepresentation to exit the contract.

When Rogers calls the client to inform them of the unfortunate mistake, the will not be using words like contract and misrepresentation. They will simply state a mistake was made with the dealer / agent that initiated a contract. Then at this point, the hopefully educated client will be claiming misrepresentation and asking for resolution.

Exactly. Three options for Rogers, in my view:
1) convince the customer to accept a new contract with inferior terms/price
2) Accept the originally agreed upon terms/price
3) allow the customer to walk away from the agreement entirely.

1 would require an easily convinced customer or an uneducated one. Two and three would be unpalatable for Rogers but with a knowledgable customer those are the likely outcomes. Nice part about #3 is the customer walks away and keeps the phone.

**WorldIRC** · 05-20-2012, 03:20 PM

4. Rogers does have the right, as per their own TOS, to end the service agreement at any time AND apply the ECF. With this, #4 would allow the client to return the handset and reverse the account to how it was pre-transaction. This seems like a more palatable option for Rogers than #3.

**ceredon** · 05-20-2012, 04:19 PM

Originally Posted by WorldIRC

4. Rogers does have the right, as per their own TOS, to end the service agreement at any time AND apply the ECF. With this, #4 would allow the client to return the handset and reverse the account to how it was pre-transaction. This seems like a more palatable option for Rogers than #3.

It would be interesting to see them play hardball like that and obviously it would be more palatable for Rogers. Arguing to exercise a clause of an agreement they entered into originally through their own (or their agent's) misrepresentation might be a tough sell.

**B407** · 05-20-2012, 06:11 PM

Lol, I love how many of the topics on these forums turn into a law class discussion. Sign of the times.

**ceredon** · 05-20-2012, 06:36 PM

Originally Posted by B407

Lol, I love how many of the topics on these forums turn into a law class discussion. Sign of the times.

Hobbyist + google + TV law = armchair lawyers.

I'm sure we'd all be laughed out of court.

**WorldIRC** · 05-20-2012, 11:25 PM

Originally Posted by ceredon

Hobbyist + google + TV law = armchair lawyers.

I'm sure we'd all be laughed out of court.

Would never make it to court as per the TOS lol... Well at least in some provinces

Sent from my HTC One X

**greensubmariner** · 06-19-2012, 12:29 PM

I was told that I did not need to enter a contract to receive this data plan.

Originally Posted by WorldIRC

Nope, you will have to change your data plan to a compatible CONTRACT data plan, unless you get a dumb rep that ignores it.

**WorldIRC** · 06-19-2012, 12:55 PM

^That's not what was being discussed; the $25 2GB option is ONLY available without contract. Therefore, devices requiring a data contract cannot take that option.