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. Steven Portteus says:

    Ad me to the lawsuit. I was overcharged for the phones and their service. I bundle up with their promo on internet, direct TV and cell phones took out over 500 dollars every week and was promised a 800 gift card that I never received. Also got the run around at their customer service.

    1. Samuel Arnaldo Sanchez Mejia says:

      At &t lies with the promotions. They offered a free phone now I have to pay 227 dollars monthly for the next 36 months and they don’t want to accept the old phones and give credit for them. When I called to their customer service they do not talk straight and pass the phone calls to non existing departments that never solve anything!!

  2. Reba Tillman-Huff says:

    Add me please! I purchased a phone from AT&T and received another phone line which I didn’t authorized, and had the hardest time for months to get my account rectified for that other phone line.

  3. Olga G Sanchez says:

    Quiero participar en la demanda a Att me engañaron cambiando a su compañía con cel nuevos y no quieren regresarme a mi compañía que tenia El servicio es pésimo tengo negocio y no puedo perder
    Mis números ! Ayuda por favor

  4. Alicia D Haskins says:

    Please add me

  5. Shirley Tucker says:

    AT&T says they received my trade phone one day late and says they won’t give the $800 in credits towards a new iphone as promised or return my trade phone. I sent it in within the 30-day time frame. I am seeking to join a class action lawsuit because this is theft and deceptive practices by a business. I already filed a complaint with the Better Business Bureau and will be filing one with the Federal Trade Commission Bureau of Consumer Protection. I have been an AT&T customer for over 20 years and have always paid by bill ahead of time and upgraded four phones every two years. Please contact me about joining your lawsuit.

    1. Annette Richards says:

      I’m right there with you. I’ve been fighting with AT&T about the 800.00 credit for one of our phones. It’s such a scam they played in so many people.

  6. Julie Gilchrist says:

    PLEASE ADD ME

  7. Kenneth Gilchrist says:

    PLEASE ADD ME

  8. Thomas Galante says:

    They got me good at target one day. I had t-mobile they completely lied to me and said whatever they had to say in order for me to switch over. I couldn’t afford the bill which they said would be lower then my original t-mobile bill of $160. With in 4 months my phones were shut off with an outstanding bill of around $3300. I was on the phone with them every other day it seemed like and no one could help or figure out why my bill was so high. I just got the run around and a bunch of unfulfilled promises
    It’s on my credit report and has done a great deal of damage.

  9. Barton VanderBurg says:

    Add me. Same experience.

  10. Rosemary says:

    I got text message from Att to get IPhone 13 for $10 a month I went to Att store and she gave me paper on $10 a month no trade in .She gave me a new iPhone with new SIM card but same number that belong to someone elses.They will not let you use your old number . My plan is unlimited starter$65
    My new iPhone is $10 each month att charged $52 for activation fee and new SIM card with att protection $17 which I don’t use or never added..Upgraded to iPhone 13 really not worth it upgraded if I can’t use the phone for doctors appointments and drugstore or emergency.

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