Question
A customer of Reliance, a subsidiary of Rogers Media, gave his cell phone to his 10-year-old son during a family holiday in Italy. The father
A customer of Reliance, a subsidiary of Rogers Media, gave his cell phone to his 10-year-old son during a family holiday in Italy. The father puts the phone on airplane mode so his son would not incur roaming charges, but apparently, the son turned off the airplane mode and downloaded videos and movies. He had downloaded 758 megabytes of data (about 12 hours of YouTube streaming) and incurred $20000 in data charges when Reliance texted the father indicating that the phone was being shut down for security reasons and excessively high data charges. The father had not purchased an international roaming package, as he had not planned to use any data while on vacation. The media picked up on the story, and it led to a debate in Toronto and across Canada about international roaming fees and whether Canadians are charged too much by their cell phone providers. The story started to spin out of control, and Rogers was accused of price gouging.
- In this scenario, examine if there was a valid contract between the parties. If yes, What legal remedy can the customer claim under a court?
- What alternative dispute resolution mechanism best suits Rogers in this matter and why?
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