class members

Gad Albilia Defends Canadians' Privacy Rights and Somehow Gets Criticized For It




Several negative and unwarranted headlines came out after the decision by Judge Nollet to allow Gad Albilia and other class members to pursue their case against Apple for violations of their privacy rights.

One such headline by Jennifer Brown, the editor of Canadian Lawyer InHouse, which is in fact owned by Thomson Reuters based in the United States, writes: "Copycat apps class action certification against Apple ‘unfortunate’".

We at Consumer Law Group, a Canadian class action firm representing and protecting Canadian consumers would like to ask Jennifer Brown the following: "Are Canadian consumers’ rights less worthy of protection than those of Americans? Where Canadians suffer the exact same damages as our American neighbors across the border, are we not entitled to defend ourselves?"

It is true that this case integrates a number of class proceedings that were previously filed against Apple in the Unites States – but so what? What could be wrong with teaming up with our American friends and using their expertise to also defend Canadian rights? Jennifer Brown, are you suggesting that Apple can violate Canadians privacy with wanton abandonment but not the privacy rights of Americans? Should Canadians not be entitled to compensation in the event that Apple is condemned in the U.S.? How would that be fair?

Allen Mendelsohn in his article titled "Come to Quebec and sue Apple for fun and profit" does not go as far as to suggest that a victorious authorization hearing is 'unfortunate' as Jennifer Brown states; however, we do not find his headline amusing in the very least. Suing Apple is not fun, nor is it a profitable activity. Carrying a case against Apple is costly and demonstrates true heroism, as the stakes are high. In fact, if Allen Mendelsohn thinks it's so enjoyable to sue the biggest corporation on earth, with all the financial resources at its disposal to defend itself, we invite him to act as a lead plaintiff against Apple if he falls under the class membership criterion.

Allen Mendelsohn then goes on to state "Unfortunately, Quebec’s positive attitude towards class actions is often used by lawyers and litigants as a cash grab.” We have simply one question to ask Mr. Mendelsohn: "Do you really think a Judge simply hands out money without justification?” We question Mr.  Mendelsohn's understanding of class actions in general.

Interestingly enough, Mr. Mendelsohn’s blog slogan is “Do govern yourself accordingly, internet!” We find it ironic that Mr. Mendelsohn mocks this class action. If he truly believed in his slogan, he should be writing how Judge Nollet’s decision is exemplary and perhaps, as these articles have proven, ahead of its time.

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