Have You Financed a Purchase of a Good or a Service at Leon’s, Brick, Brault & Martineau, Ameublements Tanguay or Économax?
You may be subject to a settlement agreement.
Why is this notice being published?
To inform you that a settlement agreement has been reached with the Defendants to settle the class action (the “settlement”).
Are you a class member?
You are a class member if all these conditions are met:
- You purchased a good or service in Québec from any of the Defendants; and
- You made your purchase between february 27, 2017, and december 31, 2020 inclusively; and
- You funded your purchase through a « Buy Now, Pay Later » financing plan.
The settlement
Option consommateurs proposed to the Defendants that the parties attend a settlement conference, chaired by a Superior Court of Québec (the “court”) judge, on condition that the Defendants modify their advertisement promoting goods and “Buy Now, Pay Later” financing plans so that they comply with certain provisions of the Consumer Protection Act. The Defendants agreed to this proposal and Option consommateurs confirmed that its precondition to the settlement conference had been satisfied.
Following the settlement conference, the parties agreed to settle the class action. The Defendants will pay a total of $1,450,000 for the benefit of class members.
Class members will not receive compensation directly as part of the settlement. Parties have agreed that the distribution of an amount to each class member is impractical and too costly. If the Court approves the Settlement, the total amount (after payment of class counsel’s fees and disbursements and the prescribed percentage of the Class Action Assistance Fund) will be paid to the Fondation pour les consommateurs, a non-profit organization that financially supports associations in Québec that provide financial education on credit and debt and promote consumer rights.
In return, the class members will no longer be able to sue the Defendants in relation to the facts alleged in the class action. The Settlement is not an admission of liability, fault or wrongdoing by the Defendants.
Approval of the settlement and class counsel’s fees
To take effect, the Settlement must be approved by the Court. In order to approve the Settlement, the Court must conclude that it is fair, reasonable and in the best interests of the class members.
At this hearing, Option consommateurs will also ask the Court to approve class counsel’s fees up to 25% of the total amount of the Settlement, as well as disbursements and applicable taxes. If approved, these amounts will be paid to the class counsel out of the total amount of the Settlement.
The hearing on these issues will be held on November 22, 2021 at 9:30 AM at 1, Notre-Dame Street East, Montreal, Quebec in room 16.06. Depending on the status of the Covid-19 pandemic situation, it is possible that this hearing may take place remotely. For updates, please visit https://www.recourscollectif.info/en/cases/achetezmaintenant/.
if you are satisfied and do not object to the settlement, you don’t have to do anything.
What can you do if you disagree with the settlement?
You can challenge the settlement or the class counsel’s fees. To challenge the Settlement, you must send a written notice to Belleau Lapointe at info@belleaulapointe.com (or by mail at the contact information listed at this end of this notice) and explain why you believe the Court should not approve the Settlement or the class counsel’s fees. Class counsel will provide all written notices to the Court.
The deadline to submit your notice is november 16, 2021. You can also attend the hearing if you wish to challenge the Settlement or the class counsel’s fees.
Written notices must not be sent directly to the court.
Opting out of the proceedings
You may opt out of the class action. Opting out means that you lose your right to participate in the Settlement and allows you to sue the Defendants for the facts alleged in the class action, at your own expense.
To opt out of the class action, you must sign a request for opting out that includes your name, full address, phone number or email address to contact you, a statement that you wish to exclude yourself from the class action and the Court file number (500-06-001048-202). Your request for opting out must be received by the Court no later than on october 25, 2021, at the following address:
Clerk of the superior court of quebec
Montreal Courthouse
1, Notre-Dame Street East
Montréal, Québec, H2Y 1B6
File N°: 500-06-001048-202
For more information
The present notice is a summary of the settlement.For more information, consult the Settlement and the long notice at https://www.recourscollectif.info/en/cases/achetezmaintenant/ or contact the class counsel at the contact information below:
BELLEAU LAPOINTE, S.E.N.C.R.L.
300, Place d’Youville, Bureau B-10
Montréal (Québec), H2Y 2B6
telephone : 514 987-6700
toll-free : 1-888-987-6701
email : info@belleaulapointe.com
