Darren Entwistle, President and CEO of Telus, in Vancouver on May 11.Rich Lam/The Canadian Press
The CRTC has again issued warnings to Bell Canada BCE-T and Telus Corp. T-T over recently introduced fees the regulator says could be in violation of its new policy prohibiting telecoms from charging customers when they activate, change or cancel plans.
In letters addressed to the two companies last Friday – the day the new rules took effect – the CRTC’s director of social and consumer policy Nanao Kachi said Bell and Telus have until Wednesday to confirm they have stopped charging the fees in question.
“Commission staff will consider all available compliance options to ensure that fees that are a barrier to switching cellphone and internet plans are prohibited as intended by the act,” Kachi said in each letter.
Last month, the commission warned Bell that a new $40 “device handling” fee could violate the policy, saying the charge didn’t appear to qualify for an exemption.
CRTC orders companies to eliminate fees preventing customers from switching plans
Such exemptions are in place for fees related to optional services and products that consumers agree to purchase, such as add-on equipment that is not required to deliver the service.
In Bell’s case, the fee applies when customers choose to purchase a device along with their wireless service plan.
CRTC vice-president of consumer, analytics and strategy Scott Hutton had said a fee associated with providing a phone “may be considered to be an activation fee that is prohibited.”
Bell responded in a letter last week, saying the charge should be exempt from the new rules because it is related to an optional purchase a customer would choose to make.
“It applies only to customers who elect to purchase a device, recovers legitimate fulfilment costs, and does not discourage customers from switching or modifying plans,” said Bell’s assistant general counsel Philippe Gauvin in the June 10 letter.
Two days letter, Kachi replied “requesting that you confirm whether Bell has nonetheless ceased its practice of charging a device handling charge.”
“As noted in Mr. Hutton’s letter, he had hoped that this situation could be resolved before the commission takes more formal regulatory action now that the prohibition has come into effect,” he said.
Meanwhile, Telus introduced a $15 fee last week for customers switching to a new SIM card, which also quickly drew the regulator’s admonition.
The one-time charge cannot be waived, according to a memo distributed to Telus staff, which instructed them not to encourage customers to call in requesting refunds or credits “for any circumstance.”
The memo also said an additional $10 shipping charge would apply in some cases.
Customers would see the fee on their first bill, both for physical or eSIM purchases.
But Hutton told Telus last week that a SIM card or eSIM is required for the delivery of wireless service that a customer purchases, and therefore doesn’t meet the CRTC’s criteria for an exemption.
“If Telus has not ceased this practice, explain why and provide supporting rationale as to why Telus considers this practice to be in compliance with the exemption for optional services and products ... or in compliance with the policy more generally,” Kachi said in the regulator’s latest letter to the company.
The CRTC announced its new policy in March, saying it wanted to make it easier for consumers to switch internet and cellphone plans. The commission said it hoped to empower Canadians to take advantage of better offers without having to worry about unexpected costs.
Activation fees have ranged from roughly $30 to $80, acting as a barrier to Canadians being able to take advantage of competitive offers, according to the regulator.
The new rules apply to individual and small business customers of all mobile providers, along with individual home internet customers of mainly large providers.