Legal Question in Consumer Law in California

Appropriate change to Terms & Conditions by cell/wireless provider?

AT&T Wireless charged me for a full month's worth of service even though I termintated my account with them mid-billing cycle.

I expected my bill to be prorated, and it was, but AT&T made a billing adjustment that charged me $19.99 extra to equal the full month's amount and cited a right to do so based on a recent change to their Terms and Conditions.

The customer service representative I spoke with said that the change was noted in the Nov. 2003 and Dec. 2003 billing statements and that I would not receive a reversal of the charge as a result.

While I don't have those statements to refer to, I contest the related charge based on two causes, 1) that the notice was inconspicuous in both billing statements and 2) posting notice in the billing statement is a completely inappropriate way to give notice on such a change of Terms and Conditions. It should have been through a direct letter noting the change, or through a statement insert flagging the change.

Do I have a right to reversal of the charges? What should be my next course of action?


Asked on 2/14/04, 9:05 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Appropriate change to Terms & Conditions by cell/wireless provider?

AT&T was recently sued in a class action lawsuit for this same conduct. Their actions violate the California Consumer Legal Remedies Act and the Fair Debt Collection Practices Act--They know what they are doing is illegal. But the amount is so small that on a per individual basis, no attorney would be willing to take the case. You will have to find an attorney who does class actions. Very few do, so good luck. As an alternative, you can always sue in small claims court on the principle and get an award of up to $1,000.

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Answered on 2/16/04, 2:10 pm


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