Consumer Protection And Misrepresentation: Hurdles For In-Store Sales

Establishing a common misrepresentation can be a high hurdle to class action certification for misrepresentation claims where multiple representations are alleged to have been made. The issue is particularly acute in the consumer protection context, where customers often decide to purchase products only after speaking to a sales representative. The British Columbia Court of Appeal's recent decision in Marshall v. United Furniture Warehouse Limited Partnership serves as a reminder of how difficult it can be to obtain certification in these types of actions.

The Cash Back Voucher Program

The plaintiffs in Marshall sought certification of a class action against the respondents, United Furniture Warehouse and related entities, for, among other things, alleged deceptive acts or practices and negligent misrepresentation related to a "cash back voucher" program. Through the "cash back voucher" program, United Furniture Warehouse granted vouchers with a cash value to