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41 CANADIANLAWYERMAG.COM/INHOUSE SEPTEMBER 2016 search terms. The number of relevant docu- ments was whittled down to approximately 48,000 — a much more manageable fi gure from both a strategic and cost perspective. During negotiations, Dabb personally engaged the commissioner's management team and explained Telus' history of imple- menting measures to protect consumers in respect of these services, as well as Telus' steps in terminating its relationship with certain third parties that were the subject of certain complaints. "In contrast to some in-house counsel who sit on the sidelines, Alan and members of the Telus team played a direct role in settlement negotiations with the commis- sioner," Naudie said. Dabb had an active hand in steering the matter to a successful resolution and achieved a settlement that did not include any penal- ties and was premised on a refund process. "We were faced with a few challenges in coming up with a solution. One was in record keeping — many of the records we needed to process refunds to customers were in the possession of third parties, so we had to get creative in terms of fi guring out how to put money back in the hands of our customers in a manner that put our custom- ers fi rst and satisfi ed the bureau's concerns," says Dabb. As an integral part of the settlement, and as an alternative to other remedies, the TELUS team proposed the payments to charitable organizations that conducted re- search on issues such as consumer education regarding wireless providers and the collec- tion of personal data in the wireless indus- try, as well as the role that the law plays in ensuring that consumers receive accurate information. Ultimately, by negotiating the settlement, Dabb and the Telus team were able to avoid a costly and contested litigation proceeding based on a creative settlement that was pre- mised on a refund process for current and former customers as well as based on chari- table payments that were specifi cally target- ed to address cutting-edge issues relating to digital privacy in the wireless industry. This was a signifi cant matter for Telus, one that had the potential to result in lengthy, costly court proceedings. By reach- ing an agreement with the bureau, Dabb and his team managed to avoid exposing Telus to a substantial penalty as well as the legal fees that would have been incurred in a protracted proceeding. The settlement was announced at the end of 2015. Under the terms of the agreement, Telus will provide refunds for current and former wireless customers for certain pre- mium text messages programs subject to a detailed claims process. In its press release, the bureau stated the refund program is the largest ever reached by the bureau. In addition, Telus will do- nate $250,000 for research on consumer issues related to the wireless industry to three institutions. Telus is not required to pay any fi nes, penalties or legal costs under the agreement. IH Lexis Practice Advisor ® Canada LexisNexis, Lexis and the Knowledge Burst logo are registered trademarks and Lexis Practice Advisor is a registered trademark of Reed Elsevier Properties Inc., used under licence. Other products or services may be trademarks, registered trademarks or service marks of their respective companies. © 2016 LexisNexis Canada Inc. All rights reserved. CPM_LPA-TLW-07/16 Lexis Practice Advisor ® Canada is that team. An online practical guidance solution developed by more than 300 leading Canadian legal practitioners, former in-house counsel, and bolstered by our own team of internal experts with a depth of legal practice expertise. Rely on go-to content and tools such as, precedents, checklists, fillable forms and toolkits which cover a host of critical topics and are available at any given moment. It's your own team of legal experts available when you need them, with fresh perspectives, and insight into the latest trends and innovative thinking. Request a complimentary tour today. www.lexisnexis.ca/yourteam Imagine, a team of legal subject matter experts — always in your corner. PRACTICE AREA MODULES 16 LEADING LEGAL PRACTITIONERS 300 + CONTRIBUTING LAW FIRMS 60 + USERS 6K + PRECEDENTS & PRACTICE TOOLS 20K + INTERNAL LEGAL EXPERTS 15 + Untitled-2 1 2016-08-11 3:10 PM

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