These are busy times for Bell lawyers.
A CRTC Decision on Winbacks is almost certain to be appealed to the Federal Court on the grounds that it unduly impedes ILEC freedoms guaranteed by the Charter. The CRTC has examined this issue in a parallel Decision, also released today, and determined
The Commission concludes that while the winback restrictions in question infringe section 2(b) of the Charter, the infringement is a reasonable limit prescribed by law that is demonstrably justified in a free and democratic society, consistent with section 1 of the Charter.
In other words: Yes we are infringing on your rights, but the Charter makes allowances for reasonable limits on your freedom. Interesting view in the general case – but what about in practice?
At issue in the first test case though was a complaint by Videotron that Bell should not have been able to send a postcard to newly disconnected customers that said:
I’m writing to say that we are sorry to see you go. Even though you are no longer using Bell for your local phone service, we haven’t forgotten about you. You were a valued member of our Bell Family and we truly appreciate having been of service.
If there is anything we can assist you with in the future or anything you would like to discuss, please don’t hesitate to call my team directly at 1 888 603-8402.
Bell claims that this was just a courtesy card; the CRTC has determined that this was an attempt to win the customer back.
Bell’s viewpoint: If they simply shrug their shoulders when customers leave, the customers will tell their friends “you see – they just don’t care about my business”. The CRTC didn’t buy the argument.
I’m sure we’ll end up with a chance to see what the Court says about that.