Cingular Wireless Consumer Protection
Class Action
Introduction
Lieff Cabraser Heimann & Bernstein, LLP, represents a Cingular Wireless
customer in a nationwide class action lawsuit. Plaintiff alleges that Cingular
unilaterally changed its longstanding billing practices in 2005 and began
charging its customers for making calls from their mobile phones to their
own mobile phone numbers.
Class Action Complaint Against Cingular
As set forth in the complaint, plaintiff alleges that under his Cingular
service agreement, he paid a monthly fee for a limited number of "anytime
minutes" and unlimited free "mobile-to-mobile" calls.
When plaintiff entered into the service agreement, Cingular promised him
that all calls made from his mobile phone to his own mobile phone number,
primarily for the purpose of checking voicemail, were considered "mobile-to-mobile" calls.
Thus, these calls were free. In July 2005, Cingular began charging such
calls against his "anytime minutes."
Plaintiff asserts Cingular breached its contract with him and violated
federal and state consumer protection statutes.
Proposed Class
The proposed class consists of all mobile telephone customers of Cingular
whose service agreements with Cingular included free "mobile-to-mobile" minutes,
and who made one or more calls to their own mobile telephone number after
Cingular changed their policy to start charging customers for these calls.
Court Proceedings
On September 27, 2006, U.S. District Court Judge Maxine M. Chesney denied
Cingular's motion to compel arbitration. The Court found that the provision
of the service agreement prohibiting Cingular customers from serving as
representatives in a class action lawsuit was unconscionable under California
law and, accordingly, null and void.
The Court also ruled that its determination of the unconscionability of
a class action waiver provision was not precluded under the Federal Arbitration
Act. To read the Court's order, click
here.
Contact Lieff Cabraser
Current and former Cingular customers that wish to share their experiences
with Cingular are welcome to contact a Lieff Cabraser attorney by clicking
here.
About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a sixty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last seven years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
Notice
This website is sponsored by Lieff Cabraser Heimann & Bernstein, LLP, a national plaintiffs' law firm.
Notice: Lieff Cabraser attorneys provide legal advice and practice law for clients in
federal courts throughout the United States and in state courts where we are
licensed to practice. Please read our disclaimer.
Copyright © 2010 Lieff Cabraser Heimann & Bernstein,
LLP.
No persons pictured on this website are clients of Lieff Cabraser.