Tim Hortons is facing a demand for collective action in Quebec relating to the collection and use of personal information of its customers via its mobile app. The bill could be many millions of dollars for the coffee chain.
On Tuesday, the lawyer for Joey Zukran the firm’s CPA and Lawyers the Consumer Law Group filed a claim in superior Court against Restaurant Brands International, the parent company of Tim Hortons and Burger King.
In the public documents, there is a criticism to Restaurant Brands International have possibly used its mobile application to track and monitor invasively customers without their knowledge. The information of the people would have been harvested, and this, even if the application was closed.
This is the Post that revealed this story on the 12 June.
This week, the Office of the protection of the privacy of Canada has announced the opening of an investigation. It is carried out jointly with the office of the information Commissioner and the privacy of Alberta, the office of the information Commissioner and the privacy of British Columbia and the Commission d’accès à l’information du Québec.
These four organizations will check to see if Tim Hortons has complied with the laws on the protection of personal information and electronic documents.
The collective action represents all Quebecers who have downloaded the application of the string that is used for commands. According to the demand, Tim Hortons has hundreds of thousands of customers in Quebec and a few million Canadians use this application.
An amount for the group
The lawyers are seeking damages in the amount of $ 100 for the plaintiff in the collective action. The amount for punitive damages for the entire group remains to be determined. The invoice could be several million dollars.
“You don’t ask for an amount per person. […] We want to obtain a amount for the company,” said lawyer Joey Zukran. “We allege that the company has done this intentionally,” he continued.
The latter considers that the company has not complied with the quebec Charter of rights and freedoms of the person.
The form of “confession”
Recently, Tim Hortons was mentioned in several media have made changes to its application. Previously, consumer data would have been recorded every three to five minutes. The company’s u.s. Radar Labs was responsible for the analyze.
For Joey Zukran, this change is a form of “confession implicit” in the illegal practice of the company.
“Now, you should know what Tim Hortons has done with these data obtained in an illegal manner,” he said, adding that the collective action could also possibly include the people who have downloaded the application from Burger King.
The management of Tim Hortons did not want to comment on the application of collective action.