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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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34 thoughts onAT&T class action alleges carrier conducts bait-and-switch upgrade scheme
I just found out about this lawsuit- Are they still accepting claims?
At&t quoted me one price, told us what our bill would be and now it is $140 more per month. We were lied to from the salesperson. I have everything in writing and would love to go after them for deception. We tried to resolve and were given the run around. I will never return to this horrible company. I have the hand written estimates in hand and were told too bad.
My husband and I turned in our old phones that were perfectly good with no problems for a deal they had going for new phones. We were supposed to get a $2400 credit when we turned in our phones. 15 months of following the manager that swore it would be taken care of immediately from store to store cause he kept moving nothing has been done. We have called corporate . and they just give us the run around. Our phone bill is outrageous. They lied and stole our good phones. I say stole because they never paid us for them as agreed. We want our money back so we can pay off these new phones so we can go to a different place that will do what they say they will do. Can you help please.
I have been fighting this problem along with over charging no service and phone problem and corporate office sent replacement phones but never stated they were refurbished till I sent a photo. I filed with the BBB FCC and FTC the office of the President thinks that they can delay responses. I’ve been going thew different problem with AT&T for the last 3 years every time you upgrade something always go’s wrong I have saves all emails from the Office of the President At&t
I have been fighting this problem along with over charging no service and phone problem and corporate office sent replacement phones but never stated they were refurbished till I sent a photo. I filed with the BBB FCC and FTC the office of the President thinks that they can delay responses. I’ve been going thew different problem with AT&T for the last 3 years every time you upgrade
They did that to me ended up with 3 lines kept sending me a phone then telling me to return it took over 4 months to get the additional line removed
This situation happened to my elderly mother. She was supposedly upgrading a single line to a new phone. The thieves at the store signed her up for multiple lines and multiple services. When I first contacted ATT after my mother realized she was paying way too much for her phone(Over 230/month extra) I filed complaints and ATT & reached out and offered a settlement and said the settlement was on it’s way. That was at least 2 months ago. I have documented emails and phone calls. After she signed the agreement to receive the settlement, The Paralegal that was helpful in trying to settle the claim has gone MIA. He, it is MR and his last name is a color, has not returned numerous emails and/or phone calls. Maybe the settlement she will get for elder abuse and fraud will be significantly higher than what she was offered.
Att keeps charging me over $400 a month and no matter how much I pay they say I’m behind
AT&T signed me up for a new phone number and a new account I didn’t know existed until I had issues with new phones. No one will take responsibility for mistakes. AT&T trying to charge me over $200 for two accounts one prepaid and two post paid and charged me over $1000 on two phones I can’t use anymore.
Please Add Me
Yes, I was part of the next up trade in amd upgrade service. The add on cost was $5.00 a month. The service promised an early upgrade, instead of paying your device off in full you would be eligible to upgrade once half of the phone was paid off. A 36 month installment plan would turn into an 18 payment plan and after the 18th installment you would be able to trade in your device. The remaining 18 installments would just fall off. Once I became eligible to upgrade I noticed that prices for devices were higher for me than for an a customer without the next up trade in service add on on the account. After my new monthly cost for my new device, upgrade fee, and what I had already paid for having the next up service, I would end up paying approximetly $210 more than a customer upgrading without the upgrade plan. I felt cheated and after calling to ask for a resolution, was told that I could cancel the service at any time. I asked them to cancel it and credit my account the $90 I had paid over 18 months. I was told they could only credit 1 month. After speaking to a manager they were able to credit my account 6 months, plus an extra month for being a loyal customer. I still think I deserve a full credit for this service.