Project Type: Client Intake and Assistance
Fields of Law: Civil law, Consumer Protection, Property Law
Positions Available: 3 students
About Scocco Law Professional Corporation
Scocco Law Professional Corporation is a small law firm practicing primarily in consumer protection disputes. Its founding lawyer, Rocco G. Scocco was featured multiple times in journals such as the Toronto Star, the Ottawa Citizen, and other publications. He was also featured in CBC Marketplace in relation to his lawsuits against Rogue Moving Companies in Canada.
Project Details
As of the turn of the 1990s, the Canadian market for the moving of household goods was deregulated, meaning that a moving company does not require a license to operate and transport household goods across Canada. This lack of regulation has permitted bad actors to thrive within the industry, often referred to as “Rogue Movers”, to take advantage of consumers during their move. A Rogue Mover often engages in a practice that fits the following three stages:
- Stage 1: the mover provides a “lowball” estimate usually based on weight, or space, or some other metric, to entice customers, often attracting individuals from a vulnerable sector looking to move on a budget.
- Stage 2: Everything seems professional until the moving company takes possession of the household goods, usually a “contract” is signed once the moving truck has been fully loaded.
- Stage 3: Upon taking full possession of the consumer’s household goods, the consumer is charged more than 10% of the original estimate in violation of the Consumer Protection Act. The charge usually represents a 200% or 300% or greater increase from the original estimate, without any supporting evidence. The consumer is pressured to pay this price or risk losing their household goods.
After the fact, consumers will usually research their moving company to find that they are indeed a Rogue Mover, and thereafter look for ways to make a complaint and seek help. They will usually leave a complaint with the Better Business Bureau, and the Canadian Association of Movers (CAM) as well as post on social media. It is estimated that over 150 complaints are made annually, and unreported incidents are likely many times this number.
Most moving disputes involving a Rogue Mover affect low-income individuals from a vulnerable sector. In some situations, they could no longer afford to live in their current place of residence due to loss of their jobs, loss of family members, divorce or even domestic violence. They might also be moving under time pressure and financial pressure, with limited resources to protect themselves. Furthermore, the value in dispute is often below $5000. It would be difficult for a customer to hire a lawyer since the lawyer’s fees would likely exceed the disputed amount or otherwise the customer may have difficulty finding a lawyer willing to take on this type of case.
In addition to making complaints with the Better Business Bureau and the Canadian Association of Movers, some clients may contact the police for help. However, the police regularly consider this type of dispute as a civil matter and refrain from getting involved. Therefore, a pro bono legal clinic may be the only way victims of a vulnerable sector can obtain legal assistance to resolve their disputes with a Rogue Mover.
In addition to client intake, Scocco Law is looking to create a public legal education (PLE) workshop centred upon consumer protection and consumer rights. This PLE workshop will be completed with other partner organizations, such as CAM, to educate immigrant and other vulnerable communities about the powerful consumer rights that they have.
Role of Student Volunteer(s)
Students will complete legal research and assist with client support under the supervision of a lawyer or legal support worker. Students will also assist
Clinic
The students will primarily participate in client intake. A standardized form will be provided for students to gather all of the key information concerning the dispute. Following this, students will have the opportunity to draft correspondence to the moving company, or other business, under a lawyer’s supervision, and assist the lawyer with negotiating a resolution of the dispute. The student will not provide legal advice to clients. Furthermore, all initial drafts will be reviewed, revised, approved, finalized and signed off by the Lawyer Supervisor. The clinic operates on a as needed basis and the students will be responsible for checking and keeping up with emails on their assigned day.
PLE on Consumer Protection
The students will conduct research on general consumer rights. Using this research, they will create a PLE workshop to be presented in collaboration with organizations such as Canadian Association of Movers or other organizations with a similar mandate. Specifically, students will be tasked with creating PowerPoints that talk about specific consumer issues and the rights that consumers have in situations such as movers or buying used cars. To do this, students will use data collected by the Ministry of Consumer Protection to determine the problem areas that the public needs assistance with.
Public Advocacy and Legal Research
The students will have the opportunity to assist the supervising lawyer in writing letters to government bodies such as Consumer Protection Ontario, Chiefs of Police, or other bodies who have a role in certain consumer issues. In particular, students may have the opportunity to advocate for more resources to be dedicated to helping consumers caught in moving scams. In the alternative, instead of writing letters, students can contribute to writing blogs or creating other media to help raise consumer awareness of prominent consumer scams occurring in Canada.
Note: At no point the students will be asked to provide legal advice or engage in advocacy initiatives that are political in nature. Furthermore, all posts, blogs, media content, publications and letters will be reviewed, revised, approved and signed off by the Lawyer Supervisor. If publications take place, these will be made by the partner organization.
Is A Work Plan Required For This Position?
Yes, for the PLE project, a workplan will be determined between the supervising lawyer and the students at the beginning of the placement.
If yes, the student(s) must reach out to the lawyer supervisor, draft a work plan, and submit it by email to the Program Coordinator and the lawyer supervisor by November 1st at the latest. Please note that workplans are required for all legal research and writing projects.
What Type Of Training Will the Organization Provide?
Note: All first year PBSC volunteers and all volunteers working on research projects must also attend a PBSC/Thomson Reuters legal research strategies workshop.
There will be an educational training component to student’s participation in this clinic. Students will be educated on consumer protection laws in Ontario, civil procedure, and will also be educated about Canada’s moving industry. Students will be sensitivity trained on how to manage their interactions with victims of moving fraud so that clients can have an overall positive experience during what is usually a highly traumatic experience.
Scocco Law Professional Corporation (“Scocco Law”) has agreed to supply the requisite training in conjunction with CAM. The goal will be to equip students with all of the legal and contextual knowledge to best serve victims of moving fraud. Scocco Law has previously had success in bringing Rule 44 motions before the Small Claims Court and the Superior Court of Justice. See: Gignac v. Move Me Again Transportation Inc, 2021 ONSC 3374 (CanLII)
How Many Hours Per Week Will the Student Volunteer(s) Be Expected to Volunteer?
3-5 hours per week.
Will The Student(s) Be Expected To Show Up For Regular Shifts Each Week?
Flexible, however students will be in charge of checking a designated email. Students will agree on designated days to check the email once in the morning and once in the evening.
Is Workspace Provided For the Student Volunteer(s)?
No.
Requirements and Expectations
Strong written skills, high emotional intelligence, good judgement, genuine care for justice.