AT&T upgrade class action lawsuit overview:
- Who: Robert William Graham filed a class action lawsuit against AT&T Mobility LLC and American Express Company.
- Why: Graham claims AT&T deceives customers who want to take part in an upgrade exchange program by sending them new phones with new lines and a new contract they never agreed to, while ensuring they won’t be able to return the phone in time to get out of it.
- Where: The class action lawsuit was filed in Georgia federal court.
AT&T perpetrates a bait-and-switch scheme against wireless service customers who request to take part in an AT&T upgrade exchange program, a new class action lawsuit alleges.
Plaintiff Robert William Graham claims AT&T will send a customer who requests to join an upgrade exchange program with one or more new phones that come with new lines and new number charges.
Graham argues AT&T customers, instead of receiving an upgrade, are essentially put under a new contract with new terms that they never agreed to and that don’t recognize “the three day right to rescind by Ohio law.”
“AT&T falsely and deceptively send its customers upgrades in the form of new phones and new lines, not disclosing and not including a suitable return method of such unordered phones,” states the AT&T class action.
Graham wants to represent a class of consumers who called to be part of an AT&T upgrade exchange program and were instead sent a new phone(s) with a new line, number, and contract they never agreed to.
AT&T guarantees late arrival of new phone it sends by using own RMA label, says class action
AT&T provides its own RMA label with the new phones it sends, which Graham argues that—due to the company’s agents—“essentially guarantees a late arrival,” the AT&T class action alleges.
“(AT&T) uses this as a lever to covertly, improperly, and unilaterally charge for phones and services and holding customer’s number hostage until such fees are paid,” states the AT&T class action.
Graham argues AT&T, along with American Express, have “created a way to charge for new phones and new services that are not ordered and yet timely returned” so as to “secretly further increase its service price to existing customers at its whim.”
AT&T and American Express are accused of breach of the implied covenant of good faith and fair dealing and of violating several Ohio revised codes.
The Plaintiff is demanding a jury trial and requesting injunctive relief along with an award of punitive and exemplary damages for himself and all class members.
AT&T agreed to pay $14 million last year to resolve claims it charged its California customers with illegal and undisclosed administrative fees.
Are you a current or former AT&T Wireless subscriber (now also including Californians) who receives or received a monthly bill?
If so, you may be able to get legal help for deceptive charges.
The plaintiff is representing himself.
The AT&T upgrade class action lawsuit is Graham, et al. v. AT&T Mobility LLC, et al., Case No. 1:22-cv-05155, in the U.S. District Court for the Northern District of Georgia.
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37 thoughts onAT&T class action alleges carrier conducts bait-and-switch upgrade scheme
I was tricked into getting a new phone from them. When I originally called in about internet. I stated that I couldn’t afford it. She claimed that she would make it affordable but never did. And I was stuck with a bill that I could not afford. It destroyed my credit.
My husband and I went to our local AT&T store to upgrade our old phones. We ended up getting two new lines, supposedly to go with the new phones, when we already had phone service with AT&T. We were paying for two extra esim lines that we never ever used. We went to the store and they told us we would have to pay for the phones before the lines could be cancelled. We paid for the phones and cancelled the extra lines. We offered to turn those lines into two Galaxy watches, and they wanted to bill me another $300 for installation after I had already paid that much for the unwanted lines on our new phones. Just another way to get more money out of us. Cancelled the watches and asked for a refund, but haven’t seen that refund yet.