Consumers v Cingular Wireless
Cingular Wireless Customers File Class-Action Lawsuit
Two unsatisfied customers recently filed lawsuits against Cingular Wireless on behalf of themselves and others with the same problem.
James Strawn and James Staton are each suing Cingular over a $2.99-per-month fee that they say they never agreed to.
The fee, they say, provided roadside assistance. Plaintiffs hope their lawsuits, filed Sept. 12, will "enjoin and redress the unlawful, unfair and/or deceptive acts or practices employed by Cingular, which involve the fraudulent imposition of a $2.99 monthly charge for a purportedly 'optional' roadside assistance service that plaintiffs never requested or enrolled for."
The lawyer that filed the case put a stipulation of limited damages on the case, saying no plaintiff requests more than $75,000, attorneys fees included.
The benefits of the disputed fee, the suit says, include a towing service, battery service, flat tire assistance, fuel delivery service, lockout assistance and key replacement.
"However, Plaintiffs and Class members were not given an option," the complaint continues. "Instead, the roadside assistance was part of a bundled transaction, whereby the plaintiff and class members had to catch the roadside assistance charge and opt out of it.
"Otherwise, if Plaintiff and Class members failed to catch the charge, Cingular automatically enrolled them for the roadside assistance service and imposed a $2.99 monthly charge."
It charges the company with violating the West Virginia Credit and Consumer Protection Act. Yianne also put a limit on the total amount of damages that can be received of $5 million.
The lawsuit seeks to represent any person with Cingular Wireless service that did not agree to the $2.99 monthly charge.
