Rogers Communications has been fined $15 million, plus costs, under the Competition Act for deceptive marketing practices around its “unlimited” and “infinite” mobile data plans.

Released late Wednesday, the Competition Tribunal said Rogers promoted and advertised the data plans using those descriptors, despite both having “a pre-determined and finite amount of high-speed data, after which the speed would be significantly reduced for the remainder of the billing cycle.”

Rogers denied having made any false or misleading representation, going further to challenge the constitutional validity of the provision under which the Commissioner sought an administrative monetary penalty. That constitutional challenge was dismissed.

The Competition Bureau initially sought a $15 million penalty in conjunction with customer refunds, or alternately a $135 million penalty if it was determined refunds weren’t appropriate.

“Canadians rely on accurate and truthful information when choosing essential services such as wireless plans,” said Jeanne Pratt, Interim Commissioner of Competition, in a statement. “Misleading advertising can distort consumer choice, erode confidence in the marketplace, and disadvantage businesses that compete fairly.”

The full reasons for the Tribunal’s order are currently confidential, while it works with the Commissioner and Rogers to identify confidential or competitively sensitive information that will be redacted from the public version. They are expected to be released within 10 business days.

“We introduced unlimited data plans in 2019 to deliver great value to our customers. These plans eliminated overage fees and gave our customers bill certainty at a time when data use started​ growing exponentially,” the company said in a statement. “These plans are commonplace in the industry and reflected a significant and positive development for consumers and small businesses. We stand behind our advertising and are considering next steps.”