Wednesday, April 28, 2010

False or Misleading Representations

I hate companies that prey on student's naivety.  I put them on the same level as polygamous religious cults in their callous disregard for (my subjective sense of) rightness and glee at exploiting others.

The story below won't shock you, its actually a very minor infraction, but I am angry and in need of material on which to procrastinate.

A student approached me at the SUB and asked me if I wanted to fill out a survey, implying it was for academic purposes.  After looking at the survey, the only questions were (and I paraphrase), did you work last summer? would you like a job that paid below minimum wage and was structured so you have absolutely no rights?  If so, give me your contact information.  Not cool.

I struggled to find a legal basis on which to write an angry demand letter, but the canadian advertisers association is a voluntary association, and the better business bureau doesn't have much pull with businesses that don't have, and don't care for their reputation.  Neither have any legal pull.

But I found s52 of the Competition Act (False and Misleading Representations) possibly applicable. The section sets out than an offense is committed when a person knowingly makes a misleading or false representation in the promotion of any business whatsoever.  52(2)(e) sets out that material contained in anything made available to the public is a deemed representation, and 52(4) sets out that the general impression is taken into account.

This hapless exploited student, who could barely speak English, made a representation to me that the survey was for academic reasons, I assumed it was a study for psychology.  That was misleading.  As well, the act was committed in order to promote a business interest.  It carries a fine of up to 200k for summary conviction and jail time for indictments.

I know s52 was not originally meant to apply to this situation, but these companies shouldn't be able to get away with these lies.  Fuck them.

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