Class action lawsuit against Costco in Canada, here’s how to know if you’re eligible

Customers of the mass distribution company would therefore have paid a higher amount when purchasing on the website or mobile application than in store.

“What we criticize Costco for is practicing what we call double labeling,” said Mr.^e Eric Perrier, lawyer at Perrier Avocats, in interview with LCN on Saturday.

His firm represents the class action plaintiff, Ibrahim El Bechara, who will end up before the Federal Court.

“The Competition Act, a federal law, provides that when there are two prices displayed, the merchant must charge the lower of the two prices,” explained M^e Perrier. “Costco, online or in store, it’s the same person [morale]. So, she must respect this law.”

Who is included in this class action?

All Canadians who have made purchases on the Costco website or mobile application since December 23, 2022 and who paid more for items than in store would be eligible to claim an amount if the plaintiff wins his case, a indicated the firm in the court document.

However, certain goods from the mass distribution chain would not be included in the class action, according to the law firm. For example, food and electronic items would be excluded from the list.

In theory, all other products would thus be covered by collective action.

“We mainly talk about clothes,” said M.^e Perrier.

The plaintiff, Mr. Bechara, also allegedly purchased more expensive kitchen tools online than in stores.

“It affects a lot of products and [de] services that we sell at Costco,” said the lawyer.

The situation could be complex for a good portion of people who paid more for their online purchases, but who did not keep the bill. The firm is trying to find a way to allow clients to receive a refund if Mr. Bechara wins his case.

“I think the case will progress, but we understand that a person who bought a property more than two years ago does not have [forcément] his bill,” explained M^e Perrier. “On the other hand, sometimes we make approximations in this type of file to [dédommager] consumers who have been affected by this prohibited practice.”