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AT&T hit with Phantom Data class action suit
Court Watch |
2011/02/01 10:10
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The plaintiff for the case, Patrick Hendricks, claims that the "phantom data" over-charges were also found by an independent consulting company, which the complaint says "purchased an iPhone from an AT&T store, immediately disabled all push notifications and location services, confirmed that no email account was configured on the phone, closed all applications, and let the phone sit untouched for ten days." Hendricks' complaint states that the consulting firm found that nearly 2.3 megabytes of data were charged against the new account for that 10 day period. The suit says that this is "like a rigged gas pump charging you when you never even pulled your car into the station." The complaint says that a 2 month study conducted by the consulting firm showed that AT&T typically over charged for data by 7 to 14 percent, and sometimes as much as by 300 percent. The study also claims that the actual data sessions are not posted in a timely manner, often leading to data use near the end of a billing cycle being applied to the next month.
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website and help you redesign your existing law firm site to secure your place in the internet. |
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