Toronto law students working to help consumers who feel they’ve been ripped off

A group of students at York University’s Osgoode Hall Law School are working to help consumers who feel they’ve been ripped off. Pat Taney reports.

By Pat Taney

In multiple past Speakers Corner reports we’ve heard from customers who’ve hired various services only to feel they’ve been ripped off. The overriding theme in nearly every story: consumers feel isolated, not knowing where to turn and unsure of their legal rights afforded to them under existing consumer protection laws.

A group of students at York University’s Osgoode Hall Law School are working to help those people, all for free.  

Sarah McPherson, who’s in her second year at Osgoode, is one of them.

“It’s a completely voluntary program,” she said. “We are taking calls from people who really have nobody else to talk to after being victimized.”

It’s called the Consumer Protection Legal Clinic, part of a program known as Pro Bono Students Canada.  

Up until now, their focus has been primarily on victims of various moving scams that, as we previously reported, have been increasing over the past two years.

“The way it works is a moving company will provide a low-ball estimate, then they take possession of the household goods and hold them to pressure consumers to pay more than 10 per cent over the original estimate, and that’s in violation of the Consumer Protection Act.”

People who suspect they are victims, can reach out to the clinic and speak directly with one of the law students.

“We will meet with the client, listen to their problem and provide them with helpful legal information.”

Toronto area attorney, Rocco Scocco, a graduate of Osgoode Hall Law School who specializes in consumer fraud cases, started the clinic and oversees the program.

“I started this because I realized that there is an overwhelming need for help,” he said. “There’s an unmet need for legal advice, and there’s no reason why people should have to pay for legal advice to be able to know what their rights are for these cases.”

The students can help provide that information and guide consumers who feel they’ve been defrauded.

“Consumers who reach out will have an understanding of what their rights are. Our idea is that if you can’t afford a lawyer at that point, you’ll at least have enough paperwork and be organized enough to go and fight the case yourself,” Scocco said.

While reports of moving scams have seen an uptick — if you’ve watched past Speakers Corner reports, we’ve exposed several other types of suspected scams from general contracting, to appliance repair.

Scocco sees a need for his clinic to expand.

“Our goal now is to see what other needs there are to help all consumers who need the free legal advice, whether that’s with the appliance scams that we talked about before, or any other types of scams that are out there.”

Scocco says in many cases of suspected consumer fraud, police are often reluctant to take on the case, especially when signed contracts are involved. Investigators often see these as civil matters, not criminal ones.

“This clinic would not exist if police were able to do their job and prosecute these companies that go out there and take advantage of customers, or if the Consumer Protection Board was actually going out there and laying the charges,” he said.

“The average person is faced with this infinite body of law, and they don’t know where to look first. We are bridging that gap and promoting access to justice so people can actually stand up for their rights and fight back in a world where the government isn’t fighting for them.”

McPherson is one of five students who take part in the clinic and are all eager to expand the program beyond just moving scams. It’s giving them hands-on experience while also helping those who need it most.

“What we’re doing is so valuable, not just for teaching us interesting legal skills and learning more about the law but having the opportunity to speak with someone and offer them some relief, to be a light at the end of the tunnel in a very difficult time in their lives is so rewarding.”

If you’d like to connect with the Consumer Protection Legal Clinic, you can email them at consumerprotection.pbsc@gmail.com

If you have an issue, story or question you’d like us to look into, contact us here.

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