Legal Question in Technology Law in California

Is it a legal for At & t to "required" customer to have pay for data service plan with a Iphone?

I didn't purchase a iphone from directly At&t I've recieved the phone as a hand-me-down from a friend, but At&t detech that I'm using a Iphone and added data service charge on my bill and is not allowing me to take it off. Can I pursue any legal action with At&t?


Asked on 7/23/10, 4:44 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your question would probably fall into the jurisdiction of the California Public Utilities Commission (CPUC), which traditionally has had the power to regulate intrastate utility services in California, including telephone rates and charges. A legal action would start with lodging an administrative complaint with the CPUC, not going to court, where your suit would be rejected as premature until you had pursued and exhausted your (so-called) administrative remedies. It's also slightly possible that a Federal agency such as the Federal Communications Commission would have initial jurisdiction of this rate dispute. I suggest, however, starting your battle by contacting the CPUC's consumer-complaint staff. Well, perhaps even before that, I would nag AT&T extensively about their "tariff authority" for assessing this charge. My hunch is, to be frank, that the charge IS appropriate and lawful, but I am by no means certain.

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Answered on 7/23/10, 9:31 pm


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