According to Tim Hortons, a class action lawsuit about a wrongly sent email telling customers they won a boat doesn’t hold any water.
On April 19, LPC Avocat Inc., a Montreal-based law firm, filed a proposal for a class action that would force Tim Hortons to “deliver the boats it informed customers they had won.”
“Despite this human error, we firmly believe there is no merit to the lawsuit, and we will address this through the court,” stated a Tim Hortons representative in an email to Daily Hive.
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According to the proposal, Tim Hortons emailed around 500,000 customers on April 17 to inform them that they had won a Tracker Targa 18 WT 2024 boat that retailed for $64,000.
Customers were disappointed to learn that the email had been erroneous and that they wouldn’t receive the flashy prize after all. Those who tried to claim their prize then received an email from Tim Hortons telling them to “disregard” the content of the previous email.
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The Tim Hortons spokesperson said they sent out a recap email message giving guests “an overview of their play history.”
“Unfortunately, there was a human error that resulted in some guests receiving some incorrect information in this recap message,” they stated. “When we became aware of the error, we quickly sent out an email to guests notifying them of the error and apologizing.”
However, LPC Avocat Inc. pointed out that according to the Consumer Protection Act, “the statements or advertisements are binding on that merchant or that manufacturer.” It further details that a written or verbal statement by the representative of a merchant or manufacturer “is binding on that merchant or manufacturer.”
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The class action aims to ensure that Tim Hortons fulfills its obligation and delivers the boats, pays an undetermined amount in damages, and pays class members punitive damages of $10,000.
Those eligible are consumers who received an “email from Tim Hortons declaring that they won a Tracker Targa 18 WT 2024 boat and its trailer as part of the Roll Up To Win promotion or any other prize that was never delivered to them.”
The lawsuit is still pending authorization hearing.
Check here to learn more about the proposed class action lawsuit.
With files from Simran Singh