CenturyLink Class Action Challenges ‘Catch-Us-If-You-Can’ Billing Practices

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CenturyLink Inc. and related entities are facing a class action lawsuit filed by a group of plaintiffs who accuse them of systematically overcharging customers.

CenturyLink is a global communications company that connects customers to the digital world, the CenturyLink class action lawsuit alleges. It provides phone and data transmission services, including telephone, television and high-speed internet, to residential and commercial consumers throughout the United States.

Plaintiffs Francisco J. Carrillo, Jocelyn Carrillo, Spencer Berggren and James T. Fowler filed the CenturyLink class action lawsuit last week in Florida federal court.

According to the CenturyLink class action lawsuit, a whistleblower complaint was filed in June by a former CenturyLink employee who claims she was terminated for reporting allegedly unlawful billing practices to her supervisors and the company’s CEO.

The CenturyLink employee claims that CenturyLink implemented an incentive program for employees and agents to encourage them to overcharge customers for services and/or to charge them for services they did not order. The plaintiffs allege that the whistleblower complaints are consistent with the experiences of numerous consumers who claim they were misled by CenturyLink.

“Fee generation is at the heart of Defendants’ business model,” the CenturyLink class action lawsuit alleges. “At all relevant times, Defendants sought to maximize the number of services for which they could bill customers in the Class. Defendants had a financial incentive to employ and continue such incentive programs, as it increased their revenues and profits.”

Some of the allegedly unlawful billing practices listed in the CenturyLink class action lawsuit include billing customers for service items or phone lines that were never requested by the customer; billing customers at higher rates than they were quoted during sales calls; charging early termination fees when customers cancelled services due to the higher rates; and collecting excessive and unauthorized funds from customers.

The plaintiffs allege CenturyLink bills the customers relatively small amounts and provides only a limited time to seek refunds.

“This type of catch-us-if-you-can policy is unfair, deceptive and misleading,” the CenturyLink class action lawsuit states.

The CenturyLink class action lawsuit asserts violations of the Florida Deceptive and Unfair Trade Practices Act, breach of contract, breach of the duty of good faith and fair dealing, accounting and unjust enrichment. The plaintiffs are seeking actual damages, statutory damages, punitive damages, injunctive relief, attorneys’ fees and other relief the court deems proper.

The CenturyLink deceptive billing practices class action lawsuit was filed on behalf of the plaintiffs and a proposed Class of Florida customers who contracted with CenturyLink for telephone, television and/or internet services during the applicable statute of limitations period.

Since the CenturyLink whistleblower complaint was lodged, several plaintiffs have filed CenturyLink class action lawsuits challenging the company’s allegedly deceptive billing practices. At least three CenturyLink class action lawsuits are currently pending in California, Oregon and Washington federal courts.

The plaintiffs are represented by Mark M. O’Mara and Alyssa J. Flood of O’Mara Law Group; Mark J. Geragos and Ben J. Meiselas of Geragos & Geragos PC; and Hart L. Robinovitch, Brian C. Gudmundson and Carolyn G. Anderson of Zimmerman Reed LLP.

The CenturyLink Deceptive Billing Practices Class Action Lawsuit is Francisco J. Carillo, et al. v. CenturyLink Inc., et al., Case No. 6:17-cv-01309-CEM-KRS, in the U.S. District Court for the Middle District of Florida, Orlando Division.