Canadians file two proposed class-action lawsuits against Cineplex over online fees

Cineplex Odeon Theater at Yonge and Eglinton in Toronto on Monday December 16, 2019. THE CANADIAN PRESS/Aaron Vincent Elkaim

Cineplex is facing a pair of proposed class-action lawsuits in two Canadian provinces for allegedly not disclosing additional booking fees when customers buy movie tickets on its website.

The movie theatre giant is accused of not being upfront with its customers "in a transparent and meaningful way during the purchasing process."

The class actions allege customers who were not members of the company's CineClub program were charged an additional $1.50 or $1 when buying tickets online or through the mobile app.

The actions were filed in Quebec and British Columbia by Slater Vecchio LLP and allege that Cineplex's failure to disclose booking fees "constitutes false and misleading advertising."

The allegations have not been proven in court.

"The two actions seek to represent all Canadians who purchased a Cineplex movie ticket and were charged an online booking fee," the law firm said in a statement posted to its website.

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Slater Vecchio characterized the booking fees as "price dripping," meaning they were new mandatory fees that were not government-imposed and not included in the first price that was advertised to customers. The law firm asserts that by charging these fees and not properly informing the customer about them, Cineplex is "in violation of" the Competition Act.

A spokesperson for Cineplex told CTVNews.ca the company is confident its online booking fee is not misleading and "fully complies with the spirit and letter of the law."

"Our online booking fee is an entirely optional service that provides consumers with instantaneous advanced seat selection. Cineplex's guests also have the option of purchasing their tickets at their local theatre without paying this modest fee. All of this information is on our website in a clear and conspicuous manner," Michelle Saba, vice-president of communications at Cineplex said.

Plaintiffs in the actions are seeking their money back on those fees plus taxes.

"To ensure fairness and transparency in the online marketplace, it is of paramount importance that companies accurately display the price they are charging Canadians from the moment these prices are first shown to consumers," Sam Jaworski, a partner at Slater Vecchio, said in a statement.

The law firm added anyone who is thinking of joining one of the class actions should keep any receipts they have that show they paid an online booking fee.

CTVNews.ca has reached out to Cineplex for comment.

In May 2023, the Competition Bureau sued Cineplex over these same booking fees, calling the added charges "junk" and "harmful."

Cineplex introduced the fees in June 2022, according to the federal government. The company said the legal action from the competition watchdog should be dismissed because it is based on a "mischaracterization."

"Cineplex denies each and every allegation in the application," the company said at the time.

"Cineplex denies any wrongdoing at all."