Abraham Jewett  |  January 4, 2023

Category: Cellphones

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Close up AT&T signage.
(Photo Credit: Jonathan Weiss/Shutterstock)

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

  1. Sherrylyn Mitchell says:

    Please add me to the list

  2. Belva Johnson says:

    They just perpetrated the bait and switch game on me and want me to pay them $763. I really expected them to be ethical about the terms they presented to me, but they didn’t. When they sent the bill it was too late to return the phone, which I paid $45. up front for and they insisted I agreed to pay more than I was already paying to my other carrier. Makes no sense. Please add me to this class action suit. They need to be held accountable for this travesty of justice.

  3. Demetria Neal says:

    Please add me. With AT&T for almost 30 years.

    1. stephen Scott dixson says:

      Same here I’ve been with them for 23 years.
      Didn’t get anything from the data breach or the data throttle class actions.

  4. Tabatha Garcia says:

    I have been an at&t customer for years and years. since back when they were cingular. I got my first att phone when I was 15 and i have been with them ever since. In 2018 I talked my best friend of 20 years into adding me and my daughter to his account. They sold us one hell of a deal that they did not want to honor after the fact. matter of fact it was total bullshit. after months and months of a bill that was never what they said it would it would be i contacted the BBB. it took 11 months of going back and forth with someone from the presidents office in Georgia. Her name was Ruth Hussey and at first it was rough but in the long run it was worth it. My best friend now has a grandfathered plan of 4 lines unlimited talk text data and all the extras for 100.00 a month that can never be changed. Att taught me 2 THINGS. 1.) PATIENCE! 2.) GET EVERYTHING IN BLACK AND WHIITE OR RECORDED. That is what saved me. This is just the beginning. In 2019 At&t offered me my own contract so I got my own account. It was a nightmare right from the start. They lied about the billl, they screwed up the account so badly that it just got too out of hand and I could not afford it anymore even with other people on the bill. I finally had to let it go. They are now saying i have a bill over 5000.00 screw att. I want in on this.

  5. Cassandra Gilmer says:

    Please add me. Been a customer since 1994

  6. Shareignia Pugh says:

    Please add me

  7. Colene says:

    Please add me. I 100% agree with you !!!

  8. Anna v says:

    Add me

  9. Monique Salerno says:

    Add me please

  10. Barbara L Rogers says:

    please add me

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