In a significant development that has sent ripples through Canada’s fast-food industry, Tim Hortons faces a proposed class action lawsuit in Quebec over a technical glitch that affected countless customers during its popular Roll Up to Win promotion. The legal challenge emerged after an error in the company’s mobile app left many participants unable to claim their prizes during the spring 2023 campaign.
The lawsuit, filed in Quebec Superior Court, alleges that numerous customers who purchased qualifying items were unable to scan their receipts through the Tim Hortons mobile application, effectively preventing them from participating in the promotional contest despite meeting all entry requirements. This technical failure has sparked outrage among loyal customers who frequent the iconic Canadian chain.
“This isn’t merely about missed free coffees or donuts,” explains consumer rights attorney Marie Leblanc, who is representing the plaintiffs. “It’s about a company failing to deliver on promises made to consumers who purchased products specifically to participate in this widely advertised promotion.”
According to court documents obtained by CO24, the plaintiff, identified as Jean Tremblay, attempted multiple times to scan qualifying receipts through the Tim Hortons app between March 6 and April 2, 2023, only to encounter persistent error messages. Despite contacting customer service several times, Tremblay claims the issue was never adequately resolved, effectively denying him and potentially thousands of others their chance to win.
The scope of this technical failure appears substantial. CO24 News has learned through preliminary filings that the lawsuit seeks to represent all Quebec residents who purchased qualifying products during the promotion period but were unable to enter the contest due to technical issues with the mobile application.
Tim Hortons has acknowledged technical difficulties occurred during the promotion but maintains these issues were isolated and promptly addressed. In a statement to media outlets, company spokesperson Sarah Thompson said, “We take customer concerns seriously and worked diligently to resolve technical issues as they arose during the promotion period.”
However, plaintiffs argue the response was inadequate and untimely. The lawsuit seeks compensation for the value of products purchased specifically for contest entry, as well as moral damages for the frustration and disappointment experienced by affected customers.
Legal experts following the case suggest it highlights growing tensions between digital marketing promotions and consumer protection laws. “Companies need to ensure their technological infrastructure can support promotional campaigns of this scale,” notes Daniel Richards, a business law professor at McGill University. “When technical failures prevent consumers from participating in advertised promotions, there are legitimate questions about whether businesses have fulfilled their contractual obligations.”
This case emerges amid increased scrutiny of digital marketing tactics across Canada. The Competition Bureau has recently signaled greater attention to digital promotions and the technical infrastructures supporting them.
For Tim Hortons, which has built its brand around Canadian identity and community connection, the lawsuit represents both a legal and public relations challenge. The chain, owned by Restaurant Brands International, has faced other controversies in recent years, including privacy concerns related to its mobile application tracking capabilities.
Consumer advocacy groups are watching the case closely, suggesting it could establish important precedents for digital promotional contests. “Companies can’t simply blame technology when promotions fail,” argues Consumer Protection Alliance spokesperson Jonathan Miller. “If you advertise a contest to sell more products, you must ensure customers can actually participate.”
As the case progresses through Quebec’s legal system, the ultimate question remains: will this technical glitch force one of Canada’s most beloved brands to roll up its sleeves and make significant changes to how it manages digital promotions? For millions of Canadians who participate in Roll Up to Win each year, the answer could reshape their relationship with this cultural institution.
