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Quebec 2005 Class Action Update: Cost of Credit Non - Disclosures in Advertised Consumer Finance Offers
Author(s): Nahmiash, Laurent
Date:  November 1 2005

The most significant 2005 Québec class action cases dealing with false or misleading advertising were predicated on alleged contraventions to the cost of credit disclosure provisions of the Consumer Protection Act (" C.P.A ."). The Québec Superior Court effectively authorized two class action recourses earlier this year against merchants who allegedly failed to disclose various credit costs charged to consumers in their financing contracts and/or in their advertised financed offers. A third even more significant multibillion dollar, quasi industry wide, class certification motion was argued earlier this month on the same subject and awaits judgment. One of these decisions is manifestly controversial and not immune to criticism. It also highlights the need to revisit the mandatory cost of credit disclosure provisions of the C.P.A. pertaining to both instalment sale contracts and advertised finance offers...

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