Did You Purchase, Receive, or Acquire a Prepaid Credit Card in Canada Between November 1, 2008 and July 18, 2016?

IF YES, YOUR LEGAL RIGHTS MAY BE AFFECTED BY:

1. THE CERTIFICATION OF A CLASS ACTION AGAINST AMEX, VANCITY, PEOPLES TRUST, ALL TRANS; OR
2. A PROPOSED SETTLEMENT WITH AMEX.

VANCOUVER, BC, March 26, 2021 /CNW/ - This court-approved notice serves to advise you of these two developments and your options. For more information, please visit the following website created by plaintiff's counsel:

www.prepaidcardclassaction.com or contact one of the lawyers listed below at no cost to you.

WHAT IS THE CLASS ACTION?

The Supreme Court of British Columbia has certified a class action lawsuit under the name Jiang v Peoples Trust Company et al (Supreme Court of British Columbia, Vancouver Registry No. VLC-S-S-147229). The action alleges that fees and/or expiry dates were improperly imposed on certain prepaid credit cards issued by any of the Defendants between November 1, 2008, and July 18, 2016, contrary to the British Columbia Business Practices and Consumer Protection Act.  The Defendants are:

1. Vancouver City Savings Credit Union and/or Citizens Bank of Canada ("Vancity");
2. Peoples Card Services Limited Partnership, Peoples Card Services Ltd., and Peoples Trust Company ("Peoples Trust");
3. All Trans Financial Services Credit Union Limited ("All Trans"); and
4. Amex Bank of Canada ("Amex").

The Defendants are all issuers and/or sellers of prepaid credit cards. You can find the name of the issuer on the back of the prepaid credit cards.

Not all pre-paid credit cards are included in this action. If your card is not on any of the lists described below, you are not included in this action.

The certification of the action means that the claims, which are contested by the Defendants, will be advanced by the Representative Plaintiff, Ying Jiang, on her own behalf and on behalf of all class members.

The Representative Plaintiff seeks a declaration that the Defendants contravened certain sections of the Business Practices and Consumer Protection Act as well as restitution to the Class of funds that were allegedly collected unlawfully by the Defendants.

The judgment of the Court on issues common to the class, whether favourable or not, will bind class members who do not opt-out of the class action. For further information on how to opt-out see below.

AM I A CLASS MEMBER?

There are two different types of class members:

1. The "BC Resident Subclass" is made up of everyone who:
1. Resides in British Columbia;
2. Purchased, received, or acquired a prepaid credit card between November 1, 2008, and July 18, 2016;
3. The prepaid credit card was issued or sold by one of the Defendants; and
4. The prepaid credit card was used primarily for personal, family, or household purposes.
2. The "Non-BC Resident Subclass" is made up of everyone who:
1. Resides elsewhere in Canada;
2. Purchased, received, or acquired a prepaid credit card between November 1, 2008 and July 18, 2016;
3. The prepaid credit card was issued or sold by Peoples Card Services Limited Partnership, Peoples Card Services Ltd., and Peoples Trust Company, Vancouver City Savings Credit Union and/or Citizens Bank of Canada; and
4. The prepaid credit card was used primarily for personal, family, or household purposes.

HOW DO I PARTICIPATE IN THE CLASS ACTION?

Some class members are automatically included in the class action (but can choose to opt-out) and some class members are not automatically included (but can choose to opt-in). Find out which group you're in:

1. Members of the BC Resident Subclass are automatically included in this class action. These class members have the right to opt-out (exclude themselves).
2. Some members of the Non-BC Resident Subclass are automatically included in this class action, and some are not:
1. Non-BC Resident Subclass Members whose cards have a British Columbia choice of law and jurisdiction provision are automatically included in the class action but can opt-out and exclude themselves from the class action.
2. Non-BC Resident Subclass Members whose cards do not have a British Columbia choice of law and jurisdiction provision are automatically excluded from this class action but can opt-in and participate in the class action.

To determine: (i) whether your prepaid credit card is included in this action; and (ii) if you are a non-BC resident, whether you are required to opt-in if you wish to participate in the action or opt-out if you do not, Class Counsel has compiled three lists of the cards here: https://www.prepaidcardclassaction.com/cards  

Each list has a description explaining what it means if your pre-paid credit card is found on that list. In the event of any discrepancy between the lists and the Court's certification order, the certification order prevails.

HOW DO I OPT-IN OR OPT-OUT OF THE CLASS ACTION?

If you want to opt-in or opt-out, you can do so by completing and delivering a form found here: (https://www.prepaidcardclassaction.com/Class Member Form.pdf), or alternatively by delivering a written request including your name, address, email address, and phone number, to the lawyers representing the class ("Class Counsel") by post mail, courier, or email. Contact information for Class Counsel is below.

All opt-in and opt-out requests must be received by Class counsel by no later than May 25, 2021

If you are not sure which group you are in, you can still choose to opt-in (if you want to ensure you are included) or opt-out (if you want to ensure you are excluded).

WHAT ARE THE FEE ARRANGEMENTS?

There is no cost to you to participate in this class action lawsuit. Class Counsel will only be paid if there is money recovered for the class by settlement or judgment. If that occurs, the lawyers will ask the Court to approve a fee calculated between 25% to 33.33% of amounts recovered on behalf of the class. They will also ask to be reimbursed for their disbursements. Any legal fees and disbursements must be approved by the Court.

WHO IS CLASS COUNSEL?

Please do not contact the Court. You can contact Class Counsel to ask any questions about this class proceeding, at no cost to you. 

WHAT IS THE PARTIAL SETTLEMENT WITH AMEX?

Although all Defendants deny liability, Amex has agreed to pay the sum of $149,601.20 to resolve its part of the lawsuit (the "Amex Settlement"). In exchange for this payment, Amex will receive a full release in relation to the claims of Class Members whose prepaid credit cards were issued or sold by Amex to residents of British Columbia. For a list of the cards issued by Amex, please see https://www.prepaidcardclassaction.com/AmexSettlement

The Amex Settlement must be approved by the Court before it is effective. The settlement approval hearing has been scheduled for June 4, 2021 at 9:00AM at the courthouse of the Supreme Court of British Columbia at 800 Smithe Street, Vancouver BC.

As the action is continuing against the other Defendants, there will be no distribution of the Amex Payment to Class Members at this time. Class Counsel will hold these funds in trust pending further recoveries from other Defendants and will propose a plan to distribute the funds at the conclusion of the lawsuit. Class Counsel waives any entitlement to legal fees in respect of the Amex Payment.

For further information about the Amex Settlement please visit https://www.prepaidcardclassaction.com/AmexSettlementAgreement.pdf

HOW DO I MAKE COMMENTS OR OBJECT TO THE AMEX SETTLEMENT?

You can object to or make comments on the Amex Settlement.  The Court cannot change the terms of the Amex Settlement, but can refuse to approve it as a whole.  The Court will consider any objections and comments in deciding whether or not to approve the Amex Settlement.

Your objection or comment must:

1. Be in writing;
2. Include your name;
3. Briefly explain your position; and
4. Say if you will be appearing in person at the settlement approval hearing (date noted above).  You are not required to go to the settlement approval hearing, but you can if you wish.

Objections or comments must be received by Class Counsel by May 25, 2021 (contact information can be found above).

SOURCE Evolink Law Group