Cineplex says it will make online purchase fee more obvious following

Cineplex Inc. says it will continue adding a fee to some online ticket purchases but will adjust how the charge is communicated to moviegoers.

The move comes in response to a record $38.9-million penalty Cineplex was handed in September by Canada’s Competition Tribunal in a case alleging the way the company presented online booking fees to consumers constituted deceptive marketing.

“They were not really questioning the absolute fee. What they were questioning is how it was on the website,” Cineplex chief executive Ellis Jacob said in an interview on Wednesday.

“It was all about the presentation, and they’ve asked us to make some modifications, which we are co-operating with them [on] and moving forward.”

Jacob said he expects the modifications to be complete by early next year. They will make it more obvious to customers that Cineplex has been charging a $1.50 online booking fee since June 2022 to customers not enrolled in its CineClub subscription and Scene Plus loyalty programs, which see the fee waived and dropped to $1, respectively.

The Competition Bureau, which triggered a battle with Cineplex before the tribunal, has long maintained the charge misleads theatregoers because they are not immediately provided with the full price of a movie ticket when they purchase seats online.

Cineplex, however, disagrees and announced in October it’s appealing the penalty, saying moviegoers are promptly told about fees they may face and can avoid them altogether by purchasing seats in-person at a theatre.

Company confident appeal will be successful 

The Federal Court of Appeal has yet to announce when Cineplex’s challenge will be heard, but Jacob said he’s confident his company will be successful.

“We didn’t think our presentation was at all deceptive to the consumer, and I’ve gotten a lot of people who basically told me we are surprised they’ve even brought this up,” he said.

His remarks followed a Wednesday call with analysts where Cineplex discussed its third-quarter financial results, which included a $39.2-million provision related to the Competition Tribunal decision.

The quarter that ended Sept. 30 left Cineplex with a loss of $24.7 million, or 39 cents per diluted share, compared with a profit of $29.7 million, or 40 cents per diluted share, a year earlier. The dramatic difference between last and this year’s third quarter showed Deadpool & Wolverine was no match for Barbie and Oppenheimer.

The superhero flick starring Ryan Reynolds and Hugh Jackman debuted this summer and quickly became the highest-grossing R-rated film ever with $637…