Enmax hit with class action lawsuit

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Original Link: http://www.cbc.ca/news/canada/calgary/story/2011/04/27/calgary-enmax-lawsuit.html?ref=rss

CBC News

Posted: Apr 27, 2011 10:12 AM MT
Last Updated: Apr 27, 2011 10:23 AM MT

A $30-million class action lawsuit has been filed against Enmax, alleging the city-owned utility has breached consumer protection legislation by overcharging people who have been late paying their bills.

On Enmax's utility bills, it states that late payments are subject to a 3.25 per cent monthly fee, which adds up to more than 40 per cent a year.

Under the federal Interest Act, companies can only charge five per cent annually unless they clearly state their annual interest charge.

In its statement of defence, Enmax rejects the lawsuit as frivolous. It says it charges a late payment fee, not interest, so it's not subject to the Interest Act.

But Lawyer Robert Hawkes wants a judge to order Enmax to refund millions of dollars that it shouldn't have collected, likely much of it from economically vulnerable customers.

"The very folks who end up not paying their account in time either because they can't afford to, or they perhaps haven't managed their monthly bills, are the very people who end up paying these charges. And so it's not people in our society who are more well off who usually end up paying these charges, it's usually the people who can least afford it."

None of the allegations have been heard, or proven, in court.


Jim Blake

All glory goes to the living God, maker of the heavens and the earth, for He alone is worthy of all glory and honor and praise. I consider the sufferings of this age not worthy to be compared to what is to come for those who place their faith in the King of kings and persevere in faith, day by day, until the end.

For as the heaven is high above the earth, so great is his mercy toward them that fear him.

As far as the east is from the west, so far hath he removed our transgressions from us.

Like as a father pitieth his children, so the Lord pitieth them that fear him.

For he knoweth our frame; he remembereth that we are dust.

As for man, his days are as grass: as a flower of the field, so he flourisheth.

For the wind passeth over it, and it is gone; and the place thereof shall know it no more.

But the mercy of the Lord is from everlasting to everlasting upon them that fear him, and his righteousness unto children's children;

To such as keep his covenant, and to those that remember his commandments to do them.

Psalm 103:11-18

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