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we
remain convinced that we are in the merchandise rental
business, and that our agreements do not include charges of
any interest whatsoever. Nonetheless, it made good business
sense to avoid the expense, time and distraction that this law
suit created
David Ingram, President and CEO of easyhome
easyhome Ltd. (EH.TO)
announced today that subject to court approval it has settled a
class
action lawsuit that was commenced in April, 2004 for the
restitution of
rent and fees charged to easyhome customers, which were alleged
to have
constituted interest charged in excess of the maximum rate
prescribed by
the Criminal Code of Canada. The settlement is conditional upon
the
lawsuit being certified by the Court as a class proceeding under
the
Class Proceedings Act and as part of that process, the terms of
settlement being approved by the Court.
Under the terms of the proposed settlement, easyhome is to
pay to the
Class $7.38 million in coupons which may be used to purchase
easyhome
merchandise, be applied to existing easyhome rental agreements
or used
after starting a new agreement. In addition, easyhome is to pay
the
legal fees and costs of the Class, in an amount approved by the
Court.
At this time, the Company has not calculated the ultimate cost
of the
settlement as that is contingent upon how many coupons are
redeemed and
in what form-that is, whether used to acquire merchandise,
applied
against rent on existing rental agreements or applied against
rent on
newly activated rental agreements. However, the company does
expect the
final cost of the settlement to be less than the full settlement
amount,
as rates of take-up and redemption of the coupons will likely be
less
than 100%.
The Class members comprise all easyhome customers, outside of
Quebec,
who purchased merchandise under an easyhome rental agreement,
either at
the end of the lifetime of the rental agreement or pursuant to
the early
pay-out option in the rental agreement. The company has
estimated that
there are approximately 70,000 members of the Class.
A further term of the settlement is that easyhome Ltd. will
revise the
structure of its rental agreements such that the difference
between
pay-out amounts and the cash price of the company's merchandise
cannot
be construed as being an interest charge in excess of the rate
prescribed in the Criminal Code of Canada. easyhome Ltd. is in
the
rental business, and maintains that its agreements do not
constitute the
advancement of credit so as to give rise to any rate of
interest. The
settlement does not constitute any admission of liability by the
company. easyhome Ltd. does not expect that the changes to its
rental
agreements will have any material impact on its business model.
David Ingram, President and CEO of easyhome, stated that "we
remain
convinced that we are in the merchandise rental business, and
that our
agreements do not include charges of any interest whatsoever.
Nonetheless, it made good business sense to avoid the expense,
time and
distraction that this law suit created. We are very pleased to
reach an
early and reasonable settlement and continue forward with the
Company's
exciting growth plans."
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Things that make you
want to go...hmmm |
| According to their website, the law firm
of Sutts, Strosberg LLP is representing a client involved in
class action lawsuit against several Payday Loan providers
in Canada. The firm is suing for $555 million because a
person paid about $100 in fees for borrowing $900 in three
separate transactions. |
The lawyers for the proposed class were Harvey T. Strosberg
Q.C. and Jay
Strosberg of the Windsor law firm Sutts, Strosberg LLP. easyhome
was
represented by Ronald G. Slaght Q.C. and Craig Martin of the
Toronto law
firm Lenczner Slaght Royce Smith Griffin LLP.
|
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