Sale of insurance products by dealers - AMF institutes a series of penal proceedings

Insurance

Montréal – The Autorité des marchés financiers (AMF) has launched penal proceedings against certain automobile dealers and business managers in matters involving undue pressure and/or fraudulent tactics exercised or used on consumers to induce them to purchase insurance products and/or financial services.

The AMF has filed penal proceedings in the judicial district of Rimouski against 9147-1227 Québec inc. (doing business as Mont-Joli Chrysler Jeep Dodge) and Stéphanie Dugas.

The proceedings consist of two counts: one count against 9147-1227 Québec inc. of having, through Stéphanie Dugas, exercised undue pressure on a customer or used fraudulent tactics to induce the customer to purchase a financial product or service, and one count against Stéphanie Dugas of exercising undue pressure on a customer or using fraudulent tactics to induce the customer to purchase a financial product or service.

According to the AMF’s investigation, Stéphanie Dugas sold life and disability insurance to a vulnerable person without providing the person with explanations, giving the person a distribution guide, or allowing the persons accompanying the victim to be present when the insurance was purchased.

The AMF has also issued a penal statement of offence against Performance N.C. Valcourt, Performances N.C. inc. and business manager Maxime Gonthier for exercising undue pressure or using fraudulent tactics on consumers.

According to the AMF’s investigation in this matter, at least three customers unknowingly purchased insurance products when buying a recreational vehicle.

In a third matter, the AMF has issued a penal statement of offence against business manager Dominic Desautels, an employee of Brossard Hyundai at the time of the alleged facts, for exercising undue pressure or using fraudulent tactics on a consumer by causing her to unknowingly purchase three insurance products despite her having made it clear she did not want any. Note that Brossard Hyundai is not accused of any offence, as it acted quickly to prevent the repetition of similar violations.

In each of the three cases, after the defendants enter a plea, the Tribunal will have to rule on the evidence submitted to it.

The Autorité des marchés financiers is the regulatory and oversight body for Québec’s financial sector.

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