Bill C-427
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SUMMARY |
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This enactment provides protection for a credit card customer who
has charged a sum to a credit card for goods or services to be delivered
later and within a specified time, and who does not receive the goods or
services, or substantially all of them, within the time specified.
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Goods or services that are unusable or ineffective are deemed not
delivered if the customer has returned them, asked the supplier to take
them back or rejected them.
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A customer who has not received goods or services as promised may,
following the expiry of 15 days following the specified delivery date,
and after making a reasonable attempt to settle the matter with the
supplier, send a notice of complaint to the credit card company.
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In an emergency or a case where the defect is discovered while the
customer is using the goods or services and it is not practicable to
attempt settlement, the notice of complaint may be made immediately
to the credit card company. Unless the supplier gives the credit card
company a statutory declaration that the delivery has been made or
attempted and prevented by the customer, the credit card company must
reverse the charge made on the customer's credit card account for the
goods or services and any interest charge that has been applied to the
account in respect of the charge.
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No charge may be made to a customer for this, unless the customer
is convicted of knowingly providing materially false information.
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The credit card company may then recover the amount of the charge
plus interest reversed on the customer's account from the supplier, plus
an administration charge.
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A customer who gives false information to a credit card company
concerning non-delivery is liable to a fine of up to $1,000. A supplier
who gives false information to a credit card company concerning
non-delivery is liable to a fine of up to $5,000.
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