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Legal Question: What is consent in business (ROGERS Non-Consented Product Conversion)

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  • Dec 30th, 2019 11:51 pm
[OP]
Newbie
Dec 23, 2019
2 posts
2 upvotes

Legal Question: What is consent in business (ROGERS Non-Consented Product Conversion)

Hi there and thank you for displaying any interest in a dry and daunting subject area.

I'm soliciting public opinion because Rogers has recently violated my trust and sense of well being as a customer, some thing which they see as pro-activity, and I'm trying to understand what is or isn't legal.

Essentially I received a IGNITE sales call, wherein a new internet package was discussed. The 2 minute conversation ended with me saying I couldn't commit to anything, and to call me back later. I didn't pick up the calls later, but the next morning I had 2 emails: first a thank you email, and 2nd a new service agreement with products never discussed with me, and a notice that I had ten days to opt out.

It gets weirder. I emailed back the women who emailed me informing her that I did not agree to switch plans, a call back from the woman I spoke to, who at first said nothing had been done to my accounts, but upon checking said that she didn't make issue the work order, and maybe I spoke to someone else and agree to the services then. That didn't happen.

It's taken a week and a half, and 10+ calls so far to escalate and dismantle the actions they put in place. I have privacy concerns I can't get any information to assess, but have come away with one understanding: Rogers doesn't consider initiating a new service (e.g. submitting work orders, updating services agreement, entering in to a fixed window for declination of new services) a change, it's only a change if the initiated service is implemented. And implementation can act as consent to change.

So here's my question; Is that legal? Or, more specifically:

1. Is it legally sound that implementation of a new service can act as both consent for change and change it self?
This is in opposition to my view/the clients view of consent being permission to change my costs, and products I will use, and change being the informational alteration of my services type to complete my service change: work order and provision of new service agreements. (Note that all the emails I received said "changes had been made to your account.")

2. Can Rogers legally employ a opt out. implicit approach to contractual service change?
I didn't consent but rogers says that its not a change if install was denied (turn away the technician at your door), or cancel within the ten day window. I had to do both, and more to stop the process.

(side note: If this is legal, how on earth do I have more rights over how my email is engaged across organizations, than as a customer of Rogers with contractual services?)
11 replies
Temp. Banned
User avatar
Sep 15, 2014
2461 posts
1244 upvotes
Scarborough, ON
I don't fully understand what you're saying here. They cannot change your services without your consent, period.
If they're trying to add new services without consent.. this needs to be escalated to the highest levels.. take it to the Rogers ombudsman. They will likely give you fair compensation for the hassle you've had to deal with.
If you don't get satisfaction, take it to the CCTS.
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[OP]
Newbie
Dec 23, 2019
2 posts
2 upvotes
Thank you.

That is essentially what I'm asking. They changed my services with out consent, but the more I talk to them and escalate they come back saying "nothing was changed on your account". Which is driving me insane because if nothing changed then why was I sent a new service agreement, what have I had to call in and cancel three time for, and why did I have to turn away a technician?

I've escalated all the way to the office of the president, who after a 2 day investigation (where they weren't able to pull any of the calls I received or placed) just said "nothing's changed, it's only a service change if the technician implements it and you don't cancel with in the 10 days.". So to them, nothings wrong and now they're refusing to allow me to issue a complaint to the ombudsman because their investigation doesn't show an issue.

So thank you again, I'll reach out to the CCTS.
Deal Fanatic
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May 11, 2009
5562 posts
2148 upvotes
Debtario
Document EVERTHING, record calls, keep emails, whatever you can. Keep a careful eye on your invoices in case there are any "accidental" charges for services you didn't agree to. My experience with Bell and Rogers has been that they are prone to making billing errors that are never in your favor.

They are jokingly called Robbers for a reason.
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Deal Expert
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Jul 5, 2004
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When you complain to the CCTS, just stick to the facts and leave the wordy discussion out of it. Your original post is a bit confusing, even if that is the terms that Rogers is using. Leave them out and just stick to the facts. Whether Rogers changed your service or signed you up for new service is irrelevant. Either way, you didn't consent. Focus on that and don't get into the semantics
Deal Addict
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Jul 10, 2004
2805 posts
522 upvotes
Ontario
Seen this many times at call centers where the agents get commission or bonuses for increased sales.
They dont care cuz when you callback, they will never have to deal with you.
I call bs on the recorded phonecalls. All calls are saved.
They are not going to disclose your call, cuz it shows your right.
¨°º©oVelox, Versutus, Vigilanso©º°¨
Deal Guru
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Oct 23, 2008
11666 posts
8111 upvotes
GTA, ON
Stop phoning Rogers when initiating/negotiating. Their call records are only accessible by them and you as the customer never have access. From here on in, I suggest only using online chat where you can get the transcript. Better yet, use Facebook messenger where you don't have to rely on the CSR to send you a copy of the transcript as the entire conversation is automatically saved by FB messenger. The only downside is that it may take longer to communicate but at least with typed conversations, there is no hearsay and Rogers cannot go back on what they say and lie through their teeth.
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Deal Expert
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Jul 5, 2004
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hvwkzq wrote: Go look up PIPEDA Principle 9.
That doesn't have anything to do with accessing recordings. They are under no obligation to provide you with recordings of phone calls

Also, deal with the privacy commission and you'll quickly realize they are a toothless organization. They have virtually no ability to enforce anything
Member
Dec 30, 2016
313 posts
264 upvotes
Interesting responses in this thread. Sasktel told me they'd be upgrading my phone plan to a more expensive one with less data/features because "the plans changed" and even sent me a letter after I refused on the phone, giving me s date when it would be changed.

You guys are saying they weren't allowed to do that?
Deal Expert
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Jul 5, 2004
25346 posts
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x3fann wrote: Interesting responses in this thread. Sasktel told me they'd be upgrading my phone plan to a more expensive one with less data/features because "the plans changed" and even sent me a letter after I refused on the phone, giving me s date when it would be changed.

You guys are saying they weren't allowed to do that?
They are allowed to do that as long as you're not under contract and as long as they notify you and provide you with an option to cancel. Your situation is different than what the OP is dealing with
Member
Dec 30, 2016
313 posts
264 upvotes
Shaner wrote: They are allowed to do that as long as you're not under contract and as long as they notify you and provide you with an option to cancel. Your situation is different than what the OP is dealing with
Ah okay. Thanks.

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