Bell Mobility Relevant Advertising Program Class Action Lawsuit Certified

A class action lawsuit against Bell Mobility regarding the collection and selling of customers’ personal data to third-party advertisers has been given the green light. 

The Ontario Superior Court of Justice certified the class action against Bell Mobility stemming from the unwarranted use of Bell Mobility and Virgin Mobile Canada customers’ personal information for Bell Mobility’s Relevant Ads Program (RAP). The Bell Mobility class action lawsuit calls for amends for breach of contract, breach of confidence, negligence, intrusion upon seclusion, breach of consumer protection legislation, breach of the Civil Code of Québec, and waiver of tort. 

Bell Mobility initiated the Relevant Ads Program which trailed Bell Mobility and Virgin Mobile customers’ account and network usage information on November 16, 2013. The information tracking program included websites visited on Bell Mobility’s network that gathered marketing information that was sold to advertisers. 

After Bell Mobility disclosed the use of the program, the Privacy Commissioner of Canada began an investigation under the federal Personal Information Protection and Electronic Documents Act after getting a remarkable number of complaints from the public.

The Bell Mobility class action lawsuit claims that from Nov. 16, 2013 to April 13, 2015, Bell Mobility used the RAP to track browsing activity, compile information, and sell Bell Mobility and Virgin Mobile Canada customers’ private account and web browsing data to advertisers. The data collected from customers consisted of websites accessed from mobile devices and the users’ postal code, gender, age, credit status, and payment habits.

The Bell Mobility class action lawsuit also alleges that the defendant did not give sufficient disclosure of the type of information that the RAP program was collecting and customers were not given the option to thoroughly consent to the acquiring and selling of their information to advertisers. 

Ted Charney of Charney Lawyers, one of the law firms representing the Bell Mobility class action lawsuit, said, “The Relevant Ads Program was a misguided attempt by a Canadian telecommunications company to generate advertising revenue. If allowed to proceed, it constitutes a threat to the core privacy rights of all Canadians.”

David Robins of Strosberg Sasso Sutts LLP stated “Through this class action, the plaintiff seeks to hold Bell [Mobility] accountable and stop other providers from selling customers’ personal information without informed consent.”

The Privacy Commissioner of Canada released its Report of Findings on April 7, 2015. The report found that Bell Mobility breached the Personal Information Protection and Electronic Documents Act by declining to appropriately divulge the nature of the information used for the RAP. Aside from not properly disclosing the collection of customers’ private data and web browsing history, the report also found that Bell Mobility did not request customers’ consent to use their secure personal information for the RAP.

Following the findings of the report, Bell Mobility announced the termination of the RAP on April 13, 2015. Despite Bell Mobility’s promise to dissolve all customer profiles constructed under the program, the class action lawsuit seeks the designation of an expert to inspect and verify the proper eradication of the personal information. 

In 2015, the $750 million Bell Mobility class action lawsuit was launched by Sutts, Strosberg LLP and Charney Lawyers. Bell Mobility may have to pay millions in damages due to the controversial use of the RAP. The lawsuit may bring about sweeping ramifications for all other technology giants who are collecting personal data and selling it to third parties. 

“All sorts of e-commerce is trying to collect this information … (and) digitizing it, collecting it, and monetizing it” Ted Charney said, “This is where the big money is going now, and people are increasingly beginning to realize that their privacy and their data is worth something. And they’re beginning to feel more and more like they’re being taken advantage of by these companies.”

The Ontario Superior Court of Justice certified the action as a class action on May 13, 2019. 

The Class and Class Members for the action are specified as:

“All persons in Canada, who had a Bell Mobility and/or Virgin Mobile Canada consumer (non-corporate) account with data service between November 16, 2013 and April 13, 2015, excluding officers, directors, and employees of Bell Mobility.”

According to Strosberg Sasso Sutts LLP, “If you fall within the definition of a Class Member, you are automatically included in the class action and do not need to do anything at this time. 

If you wish to be excluded from this class action, you must opt-out of the class action on or before October 30, 2020.” 

Were you affected by the Bell Mobility breach of privacy? Are you worried about your personal information being sold to advertisers? Tell us your thoughts in the comment section below!

The plaintiffs are represented by David L. Robins of Strosberg Sasso Sutts LLP and Theodore P. Charney of Charney Lawyers.

The Bell Mobility Class Action Lawsuit is Settimo Tocco, et al. v Bell Mobility Inc., Case No. CV-18-603803-00CP, in the Ontario Superior Court of Justice, Canada.

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