Legal Question in Consumer Law in Oregon
It has come to my attention that AT&T wireless is throttling only a very specific group of customers and no one else. They are punishing unlimited customers, such as myself, after 3GB of usage with a Data speed that is 50 times slower than what you would have prior to hitting your 3GB "cap." Would this be grounds for any type of class action lawsuit? This discrimination is only taking place towards the top 5% of its customers an no more. Regardless of wether or not the other 95% exceed the 3GB mark, there speed does not change assuming they do not have the unlimited plan.
1 Answer from Attorneys
Class action? What sort of pre-Roberts on the Supreme Court World do you live in? Thanks to a 2011 decision of the U.S. Supreme Court, there is no such thing as a class action, if the company makes you agree to arbitration. AT&T Mobility has done that to you.
See http://www.wireless.att.com/cell-phone-service/legal/index.jsp?q_termsKey=wirelessCustomerAgreement#disputeResolutionByBindingArb
Note the contract includes this: "You agree that, by entering into this Agreement, you and AT&T are each waiving the right to a trial by jury or to participate in a class action." It also states: "YOU AND AT&T AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING."
What you get instead is a private arbitrator, selected by a private organization, whose ruling on your dispute is final and cannot be appealed to the courts.
So please wake up from your dream world. It is pretty ironic that you are suggesting a class action against AT&T Mobility, because that was the plaintiff in the U.S. Supreme Court case.
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