Tim Hortons says there’s no merit to a proposed class action lawsuit regarding emails it sent out in error to participants in its popular Roll Up to Win promotion.
LPC Avocats has launched a proposed class action suit, claiming about 500,000 customers received an email on April 17 saying they had won a boat through Roll up to Win.
“You owe them financial, either financial compensation, certainly punitive damages because you’re a repeat offender,” LPC Avocats founding attorney Joey Zukran told Global News. “In this case, the specific performance of the obligation, which is the delivery of the boat. And that’s exactly what we’re asking the court to order.”
Zukran said it wasn’t the first time Tim Hortons recently found itself in hot water, noting last year the company mistakenly told customers in an email they had won a $10,000 American Express prepaid gift card for its promotion.
The law firm says the boat is worth about $64,000.
The proposed lawsuit, which has yet to be certified, claims the defendants are owed the boat as well as damages, including $10,000 in punitive damages.
According to Zukran, his own client who spurred the lawsuit isn’t specifically interested in the money but getting what he was told he won.
“The main case is specific performance and what that means is you made a representation, you said ‘I won a boat’ and you said this in writing,” he said.
He added while people can sign up to be a part of the lawsuit on their website, he notes any customer who received the email about the boat — or any prize they were told they won by email in the past contest but then did not receive it — is eligible without having to fill out their form.
Tim Hortons says the email was sent through “human error,” and once the company became aware of the mistake it quickly notified the affected customers and apologized.
It says it believes the lawsuit has no merit, and it will address this through the court.
It is likely the case will be heard next year, Zukran noted, as it can take up to a year from filing for an authorization hearing to take place unless an early settlement is reached.