Cherry v AT&T Wireless Services, Inc.
National Class Action Challenges AT&T Wireless Services, Inc.'s Early Termination Fees
A national class action has been filed in Florida against mobile phone giant, AT&T Wireless Services, Inc. The action is brought on behalf of all U.S. residents who have either been charged an early termination fee for canceling their AT&T Wireless service, or who have been forced to maintain their AT&T Wireless service in order to avoid early termination fees. The AT&T users allege that AT&T has breached its contract with customers by not providing adequate service and by not investigating problems with service sufficiently. The action is brought under state contract law and state laws regulating unfair and deceptive business practices and seeks compensatory and punitive damages as well as disgorgement of profits.
According to AT&T Wireless users, AT&T has continuously provided unsatisfactory service. The Sprint users claim that despite complaining to AT&T on numerous occasions, the problems were never fully resolved. The AT&T Wireless users assert that they frequently experienced dropped calls, patchy reception, missed incoming calls, improperly functioning ancillary services such as text messaging, voice mail and data transfer as well as excessive breaks in service areas. The AT&T Wireless users allege that despite numerous complaints, AT&T Wireless required them to either maintain their service, or pay an early termination fee to cancel their service. The AT&T Wireless users further contend that AT&T does not fully investigate complaints, if at all, and that this compounds their dissatisfaction with the service. The AT&T Wireless users allege that this conduct constituted a breach of contract because there is a reasonable expectation of satisfactory service when a consumer contracts with a wireless service provider. The AT&T Wireless users additionally claim that AT&T's refusal to allow users dissatisfied with service to terminate their contract led to AT&T's unjust enrichment at the expense of its customers. As AT&T Wireless is one of the United State's largest providers of wireless service, it is anticipated that the class will extremely numerous in this action, comprising thousands and perhaps tens of thousands of consumers.
