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Article #480

Chapter 4 of "A warning to consumers in the Ottawa area"

#480
From: J Alexander Norland
Date: Thu, 24 Apr 1997 00:00
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This is the FOURTH article that I am posting about my experience with OCS
(legal name: "1150033 Ontario Inc., carrying on business as Ottawa Computer
Services") and with its president, Ms Lori McConkey.  Like the preceding
articles, this one too will be of interest primarily (and perhaps only) to
residents of Ottawa and/or Ontario.

As in the case of the two previous articles, I am posting the this
installment as a public service to the people of my city and province.

Summary of first three postings:  In the previous articles, I reported that I
was mislead by Ottawa Computer Services (OCS) into purchasing a refurbished
computer, believing it was new.  I took OCS to small claims court and the
judge awarded me damages.  I described how OCS turned a legal procedure that
was supposed to be fast, inexpensive and relatively informal, into a legal
procedure that involved delays, lawyers and such manoeuvres as a failed
"motion" to have my claim dismissed on technicalities even before the "matters
of issue" reached a judge.  The bottom line is that to date, OCS has not paid
me even a cent (to the best of my knowledge) and the legal battle continues. I
have also written about the "help" I received from the Ontario Ministry of
Consumer and Commercial Relations (MCCR) and its failure to enforce the
provincial law (which, to protect consumers, require business to register
their business name with MCCR).

This article deals with the "help" I received from Industry Canada and with
some conclusions that I think small businesses in Ottawa should consider.

Industry Canada is supposed to protect consumers against misleading
advertising, or so I was lead to believe.  Accordingly, on November 5, 1996, I
filed a complaint with The competition Bureau of Industry Canada.  The
complaint included a copy of an ad placed by OCS in the November issue of "The
Computer Paper", p. 34, which showed the very AST laptop model 950N which I
was mislead into purchasing.  The ad failed to note that this item was
refurbished.  The same applies to the ads OCS ran on their internet site.

What was the reaction of Industry Canada?  A DEAFENING SILENCE.  When I called
to inquire, the clerk in charge of the file apprised me that they do not
provide any information to people who file complaints.  They wouldn't even
tell me whether they contacted OCS!

The question arises again: if business are aware of the ferocity of the paper
tiger known as Industry Canada, why would any of them refrain from false
advertising?  My case suggests that businesses may do so with impunity, just
like businesses can disregard the provincial act requiring them to register
their business names with MCCR

If any bureaucrat from Industry Canada is reading this article, may I please
have an answer to my question?

My conclusion from my experience has been to stick with major chains only, and
I apply this to all my purchases (in this cynical world, I hasten to add:  I
have no vested interest in any business whatsoever, major chain or otherwise,
nor does any member of my family).  It is possible that some major chains
mistreat customers too (haven't we all seen the many postings about Future
Shop???), but at least once you win in small claims court, there is someone to
pay you what the court awarded; in my case, I am involved in a new legal
battle to receive the monies awarded me by the court.

This conclusion should worry every small business in Ottawa more than it
should worry me.  If too many people learn from my experience and follow my
strategy, then many a small business will fold.

One thing we can all do is encourage Mr H Asselberg, who often posts in this
newsgroup and who is founding an association of ethical resellers in the
computer trade (again I must hasten to add: I am neither associated nor
related to Mr Asselberg, and the same applies to all members of my family). 
If this association were to be established, we'd at least have an address for
complaints.  Personally, I can't wait for Mr Asselberg to announce his
Association.

Finally, I wish to thank the many readers who have e-mailed me with feedback,
comments, information and advice.  I try to respond to all correspondence, but
sometimes I miss one or two  -- thanks to one and all.

Tune in shortly for the fifth installment that deals with the "help" rendered
by AST; I have sent them a draft of my posting so they me inform me in advance
if they believe that my posting is unfair to them.

Please have a look at the newsgroups to which I am cross-posting this article. 
Can you suggest others?  Thanks.
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From: dt804@FreeNet.Carleton.CA (J Alexander Norland)
Subject: Chapter 4 of "A warning to consumers in the Ottawa area"
Date: 1997/04/24
Message-ID: <5johqk$4if@freenet-news.carleton.ca>
X-Deja-AN: 237217348
X-Given-Sender: dt804@freenet5.carleton.ca (J Alexander Norland)
Organization: The National Capital FreeNet
Reply-To: dt804@FreeNet.Carleton.CA (J Alexander Norland)
Newsgroups: ott.forsale.computing,carleton.forsale,comp.misc,comp.sys.misc