Rogers fights back in dispute with Competition Bureau over ‘Infinite’ data plans

In response to a suit filed by Canada’s Competition Bureau with the Competition Tribunal, Rogers Communications Inc. is arguing that it is being singled out amongst its peers by the bureau, while defending its advertising methods for its “Infinite” high-speed data plans. The Competition Bureau late last year accused Rogers of “falsely advertising” its Infinite wireless phone plans, launched in 2019, as including unlimited data despite a data cap being in place, meaning data service is throttled to speeds much slower than initially received by consumers once they reach a certain threshold for the remainder of their billing period. But Rogers argues in its response to the application, dated Feb. 6, that the bureau did not consider its “ubiquitous disclosure of key plan features, ignores widespread consumer understanding of unlimited wireless data plans,” and “presents a highly selective and misleading collection of advertisements, and unreasonably targets Rogers for an industry-wide practice.” As of February 2025, Rogers’ website shows plans ranging from $60 per month for 100 gigabits of data at speeds of up to one gigabit per second with unlimited data at reduced speeds after that cap is reached, to $105 per month for 200 gigabits of data at the same speed and cap level for mobile-only users. The bureau alleged in December that Rogers’ Infinite plans are not “and never have been” unlimited or infinite. The bureau’s argument is based, in part, on Rogers’ use of the term “unlimited” in its service plans and advertising. It states that the “literal meaning and general impression” conveyed by the word “unlimited” is straightforward: “something that is not limited in any way or restricted in terms of number, quantity, or extent; infinite.” “Instead, the data included with the plans is limited and finite in terms of quantity and quality by Rogers’ data caps and throttling,” states the bureau’s submission to the tribunal, which is dated Dec. 22, 2024 and signed by the bureau’s commissioner, Matthew Boswell. But Rogers has since argued its advertising of the plans “has never been false or misleading.” “The bureau selectively focuses on isolated ads from brand campaigns, while ignoring the repeated, clear, and conspicuous disclosures that accompanied Rogers’ promotion of its plans,” the company states in its response to the allegations. “These disclosures unambiguously told consumers that they would have high-speed data up to a certain amount based on the plan they chose, with unlimited data at reduced speeds thereafter,” the company said. “This was made clear in Rogers’ advertising, on its website, in the description of its wireless plans, and in the plan summaries provided to customers at the time of purchase.” The problem, the Competition Bureau had alleged, is that internal records of Rogers’ show that most visitors to the site do not scroll to or read those terms and conditions. “These disclaimers are inadequate to alter the general impression conveyed by the representations promising unlimited and infinite data,” the bureau said in its filing to the tribunal. “To the extent that they are even noticed and read, they do not convey the extent or magnitude of the effect that this reduction has on a consumer’s experience.” But Infinite plan customers are typically knowledgeable about wireless service, Rogers argues, and would know that plans always come with “different features and a variety of terms and conditions, beyond those disclosed on billboards or space-constrained advertisements. “They would not view isolated representations as intending to reflect or describe all the features of any specific plan,” the company wrote. While people are going through the process of purchasing they are told multiple times that they will have access to unlimited data at reduced speeds after they hit their allotment, Rogers says, “and even after a purchase is made, customers are given the opportunity to cancel their service if they change their mind.” “The ordinary consumer of Infinite plans understands these choices are not meaningless. They understand that they can choose to pay a lower amount for a smaller bucket or a higher amount for a larger bucket. They understand they will enjoy unlimited usage at reduced speeds thereafter, without paying overage fees,” Rogers says. “The bureau’s suggestion that consumers have the general impression that every plan entitles them to unlimited high-speed data is impossible to reconcile with the purchasing process and the clear and repeated disclosures made throughout.” Even if the tribunal were to agree with the Competition Bureau, which Rogers denies should happen, the company argues that the “overwhelming majority” of its Infinite customers have high-speed data access that they never exceed, meaning they effectively have unlimited high-speed data. According to the Competition Bureau, as of the end of 2023, there were more than 2.5 million customers subscribed to Rogers Infinite Unlimited Plans, “and Rogers has generated billions in revenue from those plans.” For its part, the company says the bureau's “repeated allegations” that the Infinite plans were created to drive an increase in consumer spending “is false.” “Rogers introduced these plans to address significant consumer concerns, not because they would increase Rogers’ data revenues.” It says the introduction of its Infinite wireless plans in 2019 brought a reduction in the company’s revenues from overage fees, which it “knew from the outset” would drop significantly. “In the third quarter of 2019 — the first full quarter following the introduction of Infinite plans — revenues from overage fees fell by over $50 million compared to the same quarter in 2018 and have significantly decreased since,” Rogers states. Rogers alleges it has been singled out by Competition Bureau In its response, Rogers states it has been singled out by the bureau for “an approach that has been commonplace throughout the industry since 2019.” The telecom goes on to allege that some of its peers market their wireless plans as having unlimited data in the same way Rogers has, stating that “many of them still do so today.” In its filing, Rogers points to a 2019 ad from one of its peers advertising a plan with “unlimited data from $75/mo,” and another from a different company in 2022 stating “get connected with an unlimited data plan.” “The ubiquitous presence of these plans in the market over the last five years, together with carriers’ consistent marketing of them, are important context for the bureau’s allegations,” Rogers argues. “The messaging from other carriers reinforces Rogers’ own messaging and thus informs how the ordinary consumer would understand these plans, the features they offer, and their limits on high-speed data usage.” “The bureau’s use of its significant enforcement powers to selectively target Rogers and not to address its concerns on an industry-wide basis creates the unfair and harmful impression that it is only Rogers whose practices are at issue. It subjects Rogers to reputational damage, and unfairly tilts the competitive landscape to the material prejudice of Rogers and material advantage of its competitors.” Companies are allowed to market “unlimited” data plans under the CRTC’s Wireless Code, Rogers argues, as long as they do not come with overage fees and the carrier is clear about any plan limits in its fair use policies and in documents given to customers. “Rogers has always complied with these requirements,” the company asserts. The company alleges that the bureau is “out of step” with the market reality, with the CRTC’s Wireless Code, and “with a common-sense approach to what the ordinary consumer of Infinite plans understood about the service they were buying.” The CRTC has not taken action against the plans in the five years since they launched, Rogers noted. The bureau asked the tribunal to force Rogers to stop its related advertising, pay a penalty, and pay restitution to Infinite wireless phone plan customers. None of the allegations has been tested in court. hdaley@thewirereport.ca With files from The Wire Report’s archives.

Rogers fights back in dispute with Competition Bureau over ‘Infinite’ data plans

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By Hannah Daley
| February 6, 2025

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